Q,.i'infia{ pi|)tv.s. 



DOCUMENTS AND EECOEDS 



RELATING TO THE 



PROVINCE OF NEW-HAMPSHIRE, 

FEOM 1692 TO 1722: 

BEING PART II. OF PArERS RELATING TO THAT PERIOD. 

CONTAINING THE 

"JOTJENAL OF THE COUNCIL AND GENEEAL ASSEMBLY." 



v^' 



PUBLIsnED BY AUTIIORITV OF THE LEGISLATUIlE OF KEW-HAMrSIIIKC:. 

h 

VOLUME III. 



• . COMPILED AND EDITED V.X 

NATHANIEL BOUTON, D. D., 

Corresponding Secretary of the Xew-Hampshire Historicjxl Society-. 



MANCHESTER : 

JOHN B. CLARKE, STATE PRINTER 

•18G9. 



.31^ 



NOTICE, 



JoixT Resolution, passed by the Legislature of New-Hampshire. 

Resolved hi/ the Senate and House of Representatives, in General Court convened, 
That his Excellency the Governor be hereby aiathorized and empowered, 
with the advice and consent of the Council, to employ some suitable person, 
and fix his compensation, to be paid out of any money in the trcasurj- not 
othenvise appropriated, to collect, arrange, transcribe, and superintend the 
publication of such portions of the early State and Provincial Kecords, and 
other State Papers of New-Hampshire, as the Governor may deem pi'oper; 
and that eight hundred copies of each volume of the same be printecl^ by the 
State Printer and distributed as follows : namely, one copy to each City ajjd ^ 
Town in this State, one cojjy to such of the Public Libraries of this State a? 
the Governor may designate, two hundred copies to the New-Hampshire His- 
torical Society, and the remainder placed in the custody of the State Librarian 
who is hereliy authorized to exchange the same for similar ^publications issued 
by other States. 

Ajjproved July 6, 18G6. 

By tranRfer 
JAN 25 1908 



EDITOR'S PKEFACE. 



Although this third vokime of Provincial Papers covers nearly 
the same period as the preceding volume, yet it will be seen on 
examination that the contents of the volume are materially differ- 
ent from the former. The one contains the Records of the Coun- 
cil, which was the Exec^dive body in the Province, composed of 
the Governor and not less than five Councillors, who received 
their appointment and commission from the Crown. The AssE.-ii- 
BLY was composed of men chosen by the freeholders of the re- 
spective towns, as their representatives or deputies, having author- 
ity to enact laws, lay taxes, &c., and constituted the Legislative 
branch of the government. All laws, acts and ordinances, how- 
ever, passed by the Assembly, must be concurred in by the Council, 
api)rovcd by the Governor and finally be sanctioned by the King. 

The '• Journal of the Council and Assembly" contained in this 
volume is a record of the joint transactions of the two bodies in 
relation to all business which appropriately belonged to the Ses- 
sions of tlie General Assembly. No Journal of the JJouse sepa- 
rate from ^he joint Journal of the Council and Assembly is found 
till 1711, and that is very meagre and incomj)lete till 1722. Occa- 
sional extracts are made from it, to supplement or elucidate the 
Journal of the Council aud Assembly, but the Editor has not 
deemed it necessary or expedient to publish it entire. 

In this volume, as in the preceding, will be found, in chrono- 
logical order, many letters, papers, speeches and authentic facts, 



IV EDITOR S PREFACE. 

of much historical interest and value, which the Editor has gath- 
ered from every available and reliable source, and for which due 
credit is always given. His intention has been to publish every 
official paper and document that can be found on record or on file, 
that serves to throw light on our Provincial History. 

The Province Laws, in this volume, from 1692 to 1702, (only 
two or three of which have ever before been printed) indicate the 
state of the Province and the manners and customs of the times 
to whicii they relate. In this respect they are of much value and 
should be carefully examined. 



GENERAL CONTENTS. 



VOLUME III. 



Journal of the Council and General Assembly, 
Letter of Lt. Gov. Stougliton of Massachusetts, 
Speech of Lt. Gov. Usher, .... 
Speech of Lt. Gov. Usher and answer to it, 
Speech of Gov. the Earl of Bellomont 
Orders of the House, 
Answer to the Gov.'s Speech, . 
New Seal for tlie Province, 
A prison ordered to he built. 
Letter from the Earl of Bellomont. 
Petition from masters of coasting vessels, 
Estimates of cost of building a Fort at New Castle, 
Letter from John Bridger respecting trees for tar, 
Quota of men in different Provinces, 
Province Laws, 

Journal of the Council and x^ssembly resumed, 
Letter from Queen Anne respecting salaries, . 
Col. Romer on repairs of Fort Wm. and Mary, 
Speech of Lt. Gov. Usher, and answer thereto, 
Samuel Allen's title to Province Lands, . 
Gov. Josei^h Dudley's speeches. 
An act re>pecting pursuit of Indians iu wiRter, 
Answer to Gov. Dudley's speech, 



PAGE?. 

1-163 

37 

42 

46-47 

66 

67-68 

71 

80 

88 

96 

104 

106-111 

115 

131 

164-228 

229 

251 

263 

269-274 

275-276 

282-289 

290 

294 



VI GENERAL CONTENTS. 

PACES. 

Samuel Allen's Petition, 297 

Queen Anne's Instructions to Gov. Dudley, . . 312-313 
Addresses to the Queen, .... 328,349,352,377 

John Bridger's commission as Surveyor-General, . 334 

Memorial of John Bridger, ..... 837 

Expedition to Nova Scotia — Fast, .... 339 

An act relating to Troopers, 346 

Capt. George Vaughan, agent to England, . . 353-355 

An act for a free Latin school at Portsmouth, . . 365 
Letters from Gov. Dudlc}-, .... 371,392,417 

Petition of inhabitants at Quamscott, . . . 405-407 
Petition of inhabitants in south part of Hampton, 408,409,428 

Expedition to Port Royal, . . • . . 435-440 

Speeches of Lt. Gov. John Usher, .... 443, 448 
Addresses to the Queen, . . . 445, 452, 493, 507, 547 
Speeches of Gov. Dudley, . 448, 462, 501, 511, 530, 540 

Capture of Port Royal — Annapolis, . . . 453 

Letters from Gov. Dudley, 458, 505 

Expedition against Canada, 478 

Instructions of Queen Anne, . . . - . 480, 489 

Instructions for Henry Newman, Esq., . . . 508 

Petition of NatW Weare, Esq., 514 

Petition of the inhabitants of Kingston, . . . 520 

ludianTreaty — Articles of Pacification (1713) . 543-546 

Petition of the inhabitants of Bloody Point, . . 549 

Addresses to the King, George I, . . . . 576-7 
Speeches of Lt. Gov. George Vaughan, . . 601, 630, 649 

Petitions of inhabitants of Oyster River, . . 606, 714 

Notice of Sir Charles Hobby, 631 

Notice of Gov. Samuel Shute, 658 

Speech of Gov. Shute, 659 

Complaint of the Representatives to Gov. Shute, . 675 

Answer to the foregoing, 677 

Petition of inhabitants of Portsmouth, . . . 684 

Indian Treaty at Georgetown, Me., 1717, . . . 693-701 

Speeches of Lt. Gov. Vaughan, .... 702-703 

Gov. Shute's speech against Lt. Gov. Vaughan, . 704 
Examination of Jos. Smith, Peter AVeare and John 

Tuck, 710-711 

Speech of Lt. Gov. John Wentworth, and Gov. Shute, 721,723 

Differences in Portsmouth explained, . . . 729 

Original letter of Gov. Shute, 752 

John Bridger, Surveyor-General, .... 769 



GENERAL CONTENTS. 



Vll 



Apology of people of Nutfiekl to Gov. Slmte, 
lustructions to Henry Newman, Esq., agent, 
Speech of Lt. Gov. Weutworth, 
Additional lustructions to Gov. Shutc, . 
Conflict of Laws with Massachusetts, 
Letter from Mr. Newman, agent, 
Address of Justices, &c., to her Majesty, 



PAGES. 

770 
779 
809 
813 
820 
832 
839 



[See General Index at the end. J 



NEW-HAMPSHIRE 
PEOVINCIAL PAPERS. 



VOLUME III. 



[Note. In the MS. volume which contains " The Journal of the Council 
and Assembly," in the office of the Secretary of State, the first forty-four 
pages are marked with numeral letters, which are also retained, for the sake 
of reference, in this printed copy. — Ed.] 

[p. I.] Province of New Hampshire. 

At a General Assembly, held of Ports- 
mouth, for the Province afores'^ on the 
first Tuesday of October, 1692. 

Present, 
The Lieut. Governour, 
John Hincks, ^ Peter Coffin, \ 

Nathan" Fryer, > Esqs. W™ Vaughan, S Esqs. 
Rob* Elliot, ) Henry Greene, ) 

The King's Lres. Patents were read to the Assembly, 
and the Lieut. Governour made a speech to the effect fol- 
lowing. 

[Speech not on record.] 

Ordered, that the Secr^ make a dedim* potestatem to 
John Hincks and Richard Waldron, Esqs., to give the 
oaths appointed instead of the oaths of allegiance and 
supremacy, and the Test. 

Adjourned till to-morrow morning at 10 of the clock. 



2 PROVINCE OF NEW-HAMPSHIRE. [1692. 

Wednesday, 5"' October, 1092, ) 
10 o'clock, ante meridiem. ) 
P''sent, 
The Lieut. Govern'', 

John ITincks, ^ Henry Greene, "^ 

Nathan" Frver, I ^ W"^ Vauohan, vEsqs. 

Rob* Elliott, ( '^^^ Richard Waldron,J 

Peter Coffin, J 

All the above mentioned members of the Council then 
subscribed the Declaration appointed by act of Parliam'. 

Whereas several persons elected for the Assembly have 
this day refused to take the Oaths appointed by act of Par- 
liam^ instead of the oaths of allegiance and supremacy, 
according to the custome of England, by swearing upon 
the Bible, It is ordered that the oaths be administered 
to such of the Assembly as have so refused, by lifting up 
of their hands, considering the present troubles & circum- 
stances of affairs. 

M"" John Hincks entered his dissent from the aboves*^ or- 
der in the manner of administering the Oath. 

[p. II.] Ordered, that the name of Nathan" Fryer be put 
into the dedim^ potestatem for administering the Oaths as 
above, to the Assembly, instead of John Hincks, Esq., and 
that his name be erased out of the same. 

Mr. Richard Martyn, Capt. Elias Styleman, Capt. John 
Pickerin, Lieut. John Smith, Mr. Joseph Smith, Capt. 
John Woodman, Mr. Job Clement, Mr. W'" Furber, Jr., 
Capt. W'" Moore, Lieut. Samuel Leavitt, Lieut. James 
Blagden, were sworn to the above written order by Nathan'^ 
Fryer & Richard Waldron, Esqrs. 

The Assembly came to this House and presented Mr. 
Richard Martyn for their Speaker, which the Lieut. Gov- 
ernour then approved of. 

Mr. Speaker then acquainted this Board that John Hus- 
sey, an elected member from the town of Hampton, had 
withdrawn himself from the Assembly as not qualified in 



1692.] JOURNAL OF COUNCIL AND ASSEMBLY. 3 

not taking an oatli, and prayed that a writt miglit be issued 
for the election of anotlier person, which was granted, and 
the Secre^ ordered to issue forth a new writt accordingly. 

Mr. Speaker desired a copy of the Lieut. Gov^ speech 
yesterday, and the Secre^ ordered to give him a coppy 
thereof. 

Ordered, that Major W'° Vaughan, Richard Waldron & 
Peter Coffin, Esqrs., join with the Committee of the other 
house in conferring together & drawing such order and 
orders as shall be thought most needful for the defence of 
this Province ag"" the common enemy, and that the secre^ 
be assisting to the s'' committee as occasion may require. 

This house is adjourned until two o'clock to-morrow in 
the afternoon. 



Thursday, 6'^ October, at 2 o'clock 
post meridian, ejusd™ diei, 1692. 
Present, 
The Lieut. Govern'', 
John Hincks, ^ Henry Green, '^ 

Nathan" Fryer, 1 ^ W" Vaughan, r^ ' 

Robt. Elliott, f ^'^''' and > ^'^'^' 

Peter Coffin, J Rich'' Waldron, J 

Upon a Message brought to this Board from the other 
house by Capt. John Pickering & Capt. John Woodman, 
that complaint has been made to that house [p. hi.] that 
the soldiers in this Province belonging to the Massachu- 
setts Bay are destitute of provisions, prayed that this 
house, the Lieut. Governor and Council, would take the 
same into consideration. 

Ordered, that the Treasurer of this Province advance 
2oibs jjj Provisions for the soldiers at Oyster River & else- 
where, which said sume is to be defrayed out of the first 
money to be raised by act of the Govern"^, Council & As- 
sembly. 



PROVINCE OF NEW-HAMPSHIRE. 



[1692. 



In compliance with an order from the other house, re- 
solved that John Hincks & Henry Green, Esqrs., be and 
hereby are appointed a Committee of this house to join 
with such a Committee of the other house as they shall 
appoint, for establishing a settled revenue in this Province, 
and that they proceed on the same immediately. 

Resolved, that Nathan" Fryer & Robert Elliott, Esqrs., 
be and hereby are appointed a Committee to join with such 
committee of the other house as they shall appoint, for 
establishing Courts of Judicature and that they pr'ceed 
upon the same. 

Adjourned till 9 o'clock to-morrow morning. 



John Hincks, 
Nathan' Fryer, 
Robert Elliott, 
Peter Coffin, 



Friday, T"" October, 1692. 
at 9 o'clock in y^ forenoon. 
Pr'sent, 
The Lieut. Govern^ 

Henry Greene, 
W" Vanghan, 
Rich'' Waldron, 



Esqrs. 



Esqrs. 



[Blank 2 small pages.] 



Province of New Hampshire. 

At a General Assembly, held at Great 
Island for the Province afores"^, on Wed- 
nesday, the first day of March, 1692-3. 

Present. 
The Lieut. Governor. 
John Hincks, "^ Henry Greene, ^ 

Nath. Fryer, I -o Nath. Weare, \ Esqrs. 

Robert Elliott, f ^^^^^' Rich. Waldron, ) 

Peter Coffin, J 

Ordered, that the House be settled and that a Speaker 
be chosen. 



1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 5 

[p. IV.] The other house called up, the Lieut. Govern' 
made a speech to them. 

Ordered, that new writts be issued out to elect other 
representatives in the room of those vrho refused to sweare. 

Adjourned to Thursday, 2*^ March, 10 in the forenoon. 



At a General Assembly held at Great 
Island, 2^ March, 1G92-3. 
Present, 
The Lieut. Govern'', 
John Hincks, ^ Henry Green, ) 

Nath. Fryer, I ^ Nath. Weare, ( Esqrs. 

Robt. Elliott, f ^^^'^^' Rich. Waldron, 

Peter Coffin, J 

The other house presented M"" John Gillman for their 
Speaker, who was accepted and approved of by this house. 

The copy of all the fees as they were settled in the time 
of Sir Edmund Andrews being read, were allowed of till 
further order. 

A Ijill from the other house concerning the manner of 
swearing. 

Ordered, that the act concerning corn fields and fences 
be considered of and amended. 

Ordered, that the Bill concerning the manner of swear- 
ing be taken into consideration and that M'' Waldron be 
desired to bring the Laws of New York, that this board 
may consider of the same. 

Mr. Nath. Weare desires this Board would order that his 
Sureties Bonds, that were entered into to the Prison keeper 
for his appearance, might be delivered up, and that he may 
have liberty to sue for his damages. Upon reading his 
mittimus and Bonds it is ordered that Mr. Weare move it 
at the next Quarter Sessions. 

Adjourned to Friday, 3^ March, 1692, at 10 o'clock. 



6 PROVINCE OF NEW -HAMPSHIRE. [1693. 

At a General Asscmljly held for said 
Province, Friday, o'' March, 1G92-3. 
Present, 
The Lieut. Govern'^, 
John Hincks, ^ Henry Greene, "^ 

Nath. Fryer, 1 ^ Nath. Weare, [^ 

Robt. Elliott, f ^'^'^^' William Vaughan, r^'^H^^- 
Peter Coffin, J Rich. Waldron, J 

[p. v.] The other House sent up a Bill that the Oaths ap- 
pointed by act of Parliam* to be taken instead of the oaths 
of Allegiance and supremacy may be administered to all 
Male persons from 16 years old & upwards ; the which 
being read, was rejected, for that their maj'ties' command 
had sufficiently provided for it. 

Upon reading the Bill concerning the manner of swear- 
ing. Ordered that in regard it is but matter of seremony 
(the oath being the same) that the s'^ Bill be passed. 

Major Elias Styleman, Capt. John Pickring, Mr. Sam" 
Kease, Capt. Henry Dow, Mr. Thomas Fillbrick, Mr. 
Joseph Sweett, Capt. John Woodman, Mr. William Furber, 
Capt. John Gillman, Capt. Jonathan Thing, Mr. Thomas 
Dymond, Lieut. John Tuttle, were all sworn and subscribed 
the Test, they being returned as Representatives. 

Ordered, that a Bill be drawn up for laying an Imposi- 
tion on all Boards and Lumber that shall be sent or ex- 
ported out of this Province to New England, New York, 
&c., and that the rates and Impositions be as followeth, viz : 



so proportionably, ac- 
cording to thickness. 



Boards & Joyce, 


pm 


2s. 


Pyne Plank, 


P", 


>■ inch 


Oake riauk, 


pm< 


^5 


Wt. Oake Pipe, 


pm 


4 


Wliite Oake Hhd. 


, p™ 


2 


Red Oake Pipe, 


pm 


2 


Red Oake, Hhd., 


pm 


1 


Barrel Staves, 


pm 


1 



All heading to be accounted as slaves ; and that the same 



1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 7 

be applied to the maintenance & defraying the charges of 
the Fort on Great Island. 

Ordered, the afores'' Bill be sent to the other house for 
their concurrence. 

Adjourned to Saturday, 4 March, 1692-3, at 9 o'clock. 



At a General Assembly, held at 
Portsmouth, 4*" March, 1692-3. 
Present, 
The Lieut. Govern^ 
John Hincks, ^ Henry Green, "^ 

Nath Fryer, i ^ Nath' Weare, 1 -p, 

Robt Elliott, f ^'^"l^- William Vaughan, f '"'"l''- 
Peter Cofifin, J Rich Waldron, J 

[p. vl] The other House presented a Bill to this House 
for raising of 600 lb., and desire the concurrence of this 
House, to which this House concurred, and ordered Mr. 
Richard Waldron & Major W" Vaughan be a commit- 
tee for this House, to join with the committee of the other 
House. 

Adjourned to Monday, 6"^ March, 1692-3. 



Province of New Hampshire. 

At a General Assembly held at Great 
Island, Monday, 6"^ :^^arch, 1692-8, 
at 2 o'clock post meridiem. 

Present, 
The Lieut. Gov% 
John Hincks, "^ Henry Greene, ^ 

Nath. Frver, I ^ Nath. Weare, I ^ 

Robt. Elliott, f ^^"l^- W'" Vaughan, f ^^^^• 
Peter Coffin, J Rich. Waldron, J 

Ordered, that a Capt. be settled at the fort and that he 
be allowed 20 ^^ p"" Ann., and that a Gunner be likewise 
agreed with as cheap as may be. 



8 PROVINCE OF NEW-HAMPSHIRE. [1693. 

A Bill concerning Births, Burials and marriages being 
past by the other House, was read and ordered to be in- 
grossed. 

Adjourned to Wednesday, 8*^ March, 1692-3, at 10 
o'clock forenoon. 



At a General Assembly, held at Great 
Island, Wednesday, 8 March, 1692-3. 
Present, 
The Lieut. Govern'', 
John Hincks, ^ Henry Greene, ^ 

Nath. Fryer, I ^ Nath. Weare, I -p 

Robt. Elliott, f ^^^^- W'« Yaughan, f ^"^'^^• 
Peter Coffin, J Rich-J Waldron, j 

Ordered, That the Sheriffe give notice to Mr. Rich'* Mar- 
ty n and the Selectmen .of the Town of Portsmouth, to at- 
tend this Board to-morrow at 2 o'clock in the Afternoon, 
there to lay before this Board an account of their making 
the last assessment for s'* Town. 

Capt. Fryer having produced a Bill of his disbursement 
for ladder and other necessaries for the use of the fort 
and for drink given the men at mounting the guns, 
amounting to 2"'^ 7* 6'\ Ordered, that the same be allowed, 
and that the Treasurer pay him out of the revenue of the 
Province. 

[p. vil] Ordered, that the Judge adjourne the Court that 
is now sitting at Portsmouth, and that the Assembly men 
have notice to attend the General Assembly tomorrow, at 10 
o'clock in the forenoon. Adjourned to Thursday, 9"* 
Martii, at 10 o'clock forenoon. 



1693.] JOURNAL OF COUNCIL AND ASSEMBLY. 9 

At a General Assembly, held at Great 
Island 9 March, 1692-3. 
Present, 
The Lieut. Govern'', 
John Hincks, ^ Henry Greene, ) 

Robert Elliott, > Esqs. Nath. Weare, > Esqs. 
Peter Coffin, ) Rich. Waldron, ) 

Mr. Tucker's Bill of charges at their Maj'ties Fort read 
and allowed, and ordered to be paid by the Treasurer, 
being 10"^ 14" Q\ 

Ordered, that the Treasurer do forthwith take care that 
the Platforme at the Fort be repaired according to the in- 
formation given in by him. 

The Lieut. Govern'' gave his consent to seven several 
bills which were read and passed, viz : 
A Bill for suport of the Governme*. 
A Bill concerning the gathering of Rates. 
A Bill concerning the manner of swearing. 
A Bill concerning the Laws of the Province. 
A Bill to prevent concealing Estates. 
An additional Bill concerning Cornefields & fences. 
A Bill concerning Births and Burials. 

Prorogued to Tuesday, 25"' July, 1693. 



Province of New Hampshire. ^ 

At a General Assembly held by Pro- 
roga., at the town of New Castle, for 
the said Province on Tuesday, the 
25'^^ day of July, 1693. 
Present, 
John Hincks, Presid*, 
Nath. Fryer, J Henry Greene, ) 

Robert Elliott, [ Esqrs. Will'" Vaughan, } Esqrs. 

Peter Coffin, ) Rich. Waldron, ) 

Both Houses being met together, the President made a 
speech to them, that there might be a Committee of both 



10 PROVINCE OF NEW-HAMPSHIRE. [1C93. 

Houses clioscii to inspect all accounts of maintaining and 
defending the Frontier Garrisons & mounting the guns at 
the forte, and to report what money hath been already 
given and what other charge needfull. This house chose 
Henry Green & Peter Coffin, Esqrs., and the other House 
chose Henry Dow and John Pickring to he a Committee 
for the end a fores'*. 

Adjourned to Wednesday, 26"" July, at 2 o'clock, Post 
Meridiem. 



[p. VIII.] Wednesday, 26"^ July, 1693. 

Present, 
John Hincks, Esq., President, 

Nath. Fryer, ^ Xath. Weare, ) 

Ilol)crt Elliott, 1 ^ Will"^ Vauuhan, } Esqrs. 

l^eter Coffin, f ^^^^^' Uidi^ Waldron, ) 

Henry Greene, J 

The Committee appointed to inspect the Accounts made 
their report hoAv they found the same, but not having con- 
sidered what further charge the Province must be att, and 
what money was needfull to be raised, were ordered to meet 
again & consider of the same, and to make report thereof 
on Thursday, 27*** instant, at 11 o'clock. 

Adjourned to Thursday, 27"' instant, at 11 o'clock. 



Thursday, 27*'* July, 1693. 
Present, 
The Lieut. Govern'", 
Nath. Frver, ^ . Nath* Weare, ) 

Robert Elliott, ! ^ William VauLdian, \ Esqrs. 

Peter Coffin, f ^^^^^- Rich'^ Waldron, ) 
Henry Greene, J 

The other House being sent for up and attending, the 
Lieut. Govern'' made a Speech to both houses, a copy 
wliereof was ordered to be delivered to the Lower House. 
L^pon reading a Letter written by Mr. Addington, Secr^ 



1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 11 

of tlio Province of the Massachusetts Bay, datetl 14"' July 
instant, signifying there lay l)efore that Board the grievous 
complaint and petition of William Pepprill concerning his 
Barque called the Mary, & thereby desiring an answer, 
This House being sensible of no grievance, and not know- 
ing what the petition is, not having a copy, can give no 
answer thereto. 

Adjourned to Friday, 29"^ July, 1693. 



Present, 
John Ilincks, Esq., Presid', 
Nath. Fryer, ^ Nath. Wcare, ) 

Robert Elliott, I ^ W" Yaughan, } Esqs. 

Peter Coffin, ( ^'^'^^' Ricli'^ Waldron, ) 
Henry Greene, J 

Ordered, that Major Yaughan, Mr. Waldron, pre- 
pare and drawe up a Bill for settling a Post Office in this 
Province ; and also that they consider of the Bill sent 
from the other House concerning gathering of Rates. 

[p. IX.] Ordered, that Mr. Henry Greene and Mr. Nath' 
Weare prepare and draw up a Bill for maintenance of the 
ministry & Schoolmasters. 

Adjourned to Tuesday the 1*' of August, 1G93, at 2 
o'clock, Post Meridiem. 



At a General Assembly held ditto. 
Present, 
John Hincks, President, 
Nath. Fryer, ^ Nath' Weare, ) 

Roljert Elliott, ! ^ W'" Yaushan, [ Esqrs. 

Peter Coffin, f ^^^1' ^- Rich. Waldron, ) 

Henry Greene, J 

The other House having sent to this House a Bill for the 
raising the sum of 200"'% upon reading the same a con- 
ference was desired to be had between both Houses, who 



12 PROVINCE OF NEW-HAMPSHIRE. [1693. 

being met the Presid' desired to know to what uses they 
intended the 200^''" should be converted. Resolved, that 
118'^' should go to pay the Treasurer, and the rest to de- 
fraye the charge of the out Garrisons, which they con- 
ceived would be sufficient for 2 months. 

Ordered, that Mr. Waldron be excused from attending 
the House untill Thursday next. Adjourned to Wednes- 
day, 2*^ August, 1693, 10 o'clock forenoone. 



Wednesday, 3"^ August, 1693. 
Present, 
John Hincks, Esq., Presid*, 
Nath. Fryer, )_ William Vaughan, j j. 



Robert Elliott, V Esqs. Rich. Waldron, 

Henry Greene, ) 

The Bill for maintenance of the ministry, &c., was re- 
turned from the other House without any amendment. 

The Bill for preventing the prophanation of the Lord's 
Day was returned from the other House, without any 
amendment. 

The Bill concerning the Post Office was agreed to and 
ordered to be engrossed. 

The Bill for raising the sum of 200"^' was agreed to by 
both Houses. 

Ordered, that the Secr^' carry the s*^ several Bills to the 
Hon''^'' the Lieut. Govern'^ for his perusal & approbation. 

Adjourned to 10 o'clock, Friday, 5^^ August, 1693. 



[p. X.] Friday, 5* August, 1693. 

Present, 
John Hincks, Esq., Presid*, 
Nath. Fryer. ) Will"^ Vaughan, ) ^ ' 

Robert Elliott, \ Esqs. Rich. Waldron, \ ^ ^ ' 

Henry Greene, ) 
Both Houses being met it was put to the vote if the 



1G93.] JOURNAL OF COUNCIL AND ASSEMBLY. 13 

members of Council should not be discharged of their 
Rates. Passed in the negative. 

The Lieut. Govern'' being come to the House where both 
Houses being convened together, gave his consent to the 
five several Bills which were then read and passed. 

The Lieut. Govern' made a speech to the other House, 
in answer to their answer returned to the Lieut. Govern'' 
speech made to them Thursday, 27"^ July last, and then 
Dissolved them. 



At a General Assembly begun and held 
at the town of New Castle, the 18*^ of 
October, 1693, for the said Province. 

Present, 
The Lieut. Governor, 
John Hincks, \ ^ William Yaughan, ) ^ 

Nath. Fryer, \ ^^^^' Robert Elliott, \ ^^^^* 

Ordered, that Nath' Fryer and William Yaughan, Esqrs., 
administer the oaths to the assembly & to see them sub- 
scribe the Test. 

Accordingly were sworn, John Pickering, John Wood- 
man, Job Clements, John Plaisted, Mark Hunking, Moses 
Leavitt, Theophilus Dudley, Shadrach Walton, James 
Rendle, Will°^ Waymouth, William Furber, Daniel Tilton, 
John Redman, and Joseph Moulton, who all signed the 
Test. 

The other House being sent for and attending, were or- 
dered to choose themselves a Speaker. The Lower pre- 
sented Mr. John Pickerin for their Speaker, who was ap- 
proved of. 

The Lieut. Governor made a speech to both houses and 
recommended the same to their consideration. Adjourned 
to Thursday, 19* instant, at 12 o'clock. 



14 PROVINCE OF NEW-HAMPSHIRE. [1693. 

Thursday, 19"^ October, 1693. 
Present, 
The Lieut. Govern'', 
John Hhicks, ) Henry Greene, ) 

Nath. Fryer, > Esqs. Peter Coffin, \ Esqs. 

Robt. Elliott, ) William Vaughan, ) 

Ordered, that Major Vaughan and Mr. Waldron prepare 
and draw up a Bill concerning Intestate Estates. 
Adjourned to the 20'^ October, 1G93, at 2 o'clock. 



[p. XL] Friday, 20^'^ October, 1693. 

Present, 
The Lieut. GoveriV, 

John Hindcs, ) Peter Coffin, | -r, 

Nath. Fryer, [ Esqs. Henry Greene, \ ^^'^^' 

Robert Elliott, ) 

The other House being sent for and attending, the Lieut. 
Govern'' prest them to dispatch what lay before them. 

Adjourned to Saturday, 2P' October, 1693, at 8 o'clock, 
forenoon. 



Saturday, 2P* October, 1693. 
Present, 
The Lieut. Governor, 
John Hincks, ) Peter Coffin, ) j^ 

Nath. Frver, [ Esqs. Henry Greene, \ ^^l^* 

Robt. Elliott, ) 

A Bill for reviewing & continuing of an act for the es- 
tablishing a revenue for defraying the public charge of the 
Government, was agreed to by both Houses & past. 

A Bill concerning intestate Estates agreed to and past 
both Houses. 

The Lower House being sent for and attending, the 
aforesaid two Bills wore read and the Lieut. Govern'' signed 
the same. 

Prorogued to the 2*^ Tuesday in May next. 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 15 

rroviiice of New Hampsliire. 

At a General Assembly lield by pro- 
rogation, at New Castle, on Tuesday, 
the 8^^ of May, 1694. 
Present, 
The Lieut. Govern'', 
Nath, Fryer, ) William Yaughan, | 171 

Robt. Elliott, [ Esqs. Eieh'' Waldrou, \ ^^ 

Hen. Green, ) 

The Lieut. Govern'' declared to this Board that he would 
be very willing to know if they had any thing to offer for 
the service of their Maj'ties or benefitt of the Province, 
At which the members were silent. 

The Lieut. Governor told them if they had nothing to 
offer, the King had given express command for building a 
place for security of their Maj'ties stores ; and since the 
Assembly was not here, they miglit go to see what was con- 
venient to be done in the Fort, so that it might be lay'^ be- 
fore the Assembly. 

The Lower House being sat, the L' Govern"" sent for them 
up, and made a speech to both Houses, as on file, 
[p. xil] Adjourned to May 9"', 1694. 



Wednesday, May 9">, 1694. 
Present, 
The L*. Govern'', 
Nath. Fryer, ) Hen. Green, ^ 

Robt. Elliott, } Esqs. W'» Vauo-han, [ Esqs. 

Peter Coffin, ) Rich^' Waldron, ) 

The L* Govern'' proposed to this Board whether it was 
not necessary for a fortification to be built in the Fort for 
security of the soldiers, in case of an attack. Answered 
by the Board that it was necessarie. 

The L' Govern'' demanded w' was to be done as to the 
order for the committee appointed to receive the claims. 



16 PROVINCE OF NEW-HAMPSHIRE. [1694. 

Ordered, that Capt. Packer attend this Board to-morrow, 
to give account of the same. 

The L* Govern'' proposed to this Board to alter the time 
of the session of the Superiour Courts in this Province, so 
that they might not be on the same as they are in Boston. 

Ordered, that a Bill be sent to the other House accord- 
ingly. 

The Lt. Govern'" proposed to this Board that an Act 
might be passed for restraining of inhuman severities, 
which by ill masters or overseers may be used to their 
christian servants or slaves, and that provision be made 
therein — That the willful killing of Indians & Negroes 
be punished with death, and that a penalty imposed for 
mayming of them. 

Ordered that a Bill be sent to the Assembly for the same. 

A petition from the town of Hampton was read, on file. 
Ordered, that in answer thereto notice be given from this 
Board that the selectmen of Hampton, Avith the p''sons con- 
cerned, attend this Board or send meet persons on their 
behalfe to answer and give what objections may be, against 
w' is proposed in s*^ petition, on Tuesday, 15**^ inst. 

Ordered that the Treasurer bring his accotts. and lay 
the same before this Board to-morrow. Adjourned to May 
10'% 2 o'clock. . 

Thursday, 10 May, 1694. 
Present, 
Tlie L* Govern'^, 
Nath. Fryer, ) Hen. Green, ) 

Robt. Elliott, [ Esqs. W"" Vaughan, S Esqs. 

Peter Coffin, ) Rich"^ Waldron, ) 

[p, XIII.] The Lieut. Govern'^ sent for the Treasurer up 
to Board and demanded his acc''^. The Treasurer delivered 
his acc"^ to the Board. Ordered that the said acc"^ should 
be filed. 

Capt. Tho. Packer being called, was asked what return 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 17 

the committee appointed to receive the chiims of such 
p^'sons to whom the Province -was indebted, liad made. 
Answered, he was last in nomination, and he could not 
command the other persons, and that he could not make 
any further return. 

Ordered, that Capt. Woodman, Capt. Dow, Capt. Packer, 
Capt. Walton, Capt. Thwing, and L* Tuttle* be of a com- 
mittee to receive the ace"* or claims of such p'sons to whom 
the Province is indebted, and lay the same before the L' 
Govern'^ and Council on the 15"' inst. 

Several Bills were presented from the Lower House, viz. 
a Bill for confirmiug of Town Bounds as formerly ; A Bill 
for restraint of Horses on the Commons. The L* Govern"' 
presented the said Bills to the Board for their considera- 
tion. Adjourned untill May 11"', 2 o'clock. 



Friday, May 11'", 1694. 
Present, 
The Lf Govern'-, 
Nath. Fryar, ^ Nath' Weare, ) 

Robt. Elliott, Ip W"'Vaughan, J Esqs. 

Peter Coffin, r^^'l"- RichMValdron, j 

Hen. Grean, J 

Whereas there was a Warrant from the L* Govern'' to 
summon Nath. Weare, Esq., one of the members of their 
Maj'ties Council in this Province to attend this Board on 
the ninth Inst., and he not:: apearing till 11"', The L' 
Govern"^ ordered the warr' to be read. The AVarr' being 

* Ltt. Jim. Tuttle, his claim for servis Dun unto yyr Mnjty. 
Servis time ye Arival of yyr Maj's Ltt. Governour, January 22, 1693-i. viz: 
To 15 men and liors by Special Comand, myself Conduct, . . . 2:04:00 

May 12th, 1094 To myself & 14 men under pres. two days in pursuit of 

ye Enemie, 1 : 12 : 00 

" To despatcliing 2 post Letters, one to Cocliecha, and ye other 

to Oyster River, : 03 : 00 

More— One to Oyster River, ye other to Cochecha, . • . . 0:03:00 

More— One to New Castle, 0: 03: 00 

4: 05: 00 
2 Jno. Tuttle, Ltt. 



18 PROVINCE OF NEW-HAMrSHIRE. [1694. 

read, Capt. Natli" Weare answered that he did not stay out 
of contempt, & tliat he sent his reasons to the Sheriffe. 
Ordered, that the three several Bills presented from the 
Lower House yesterday should pass this House. Adjourned 
to May 12"', 2 o'clock. 



Saturday, May 12<% 1694. 

The L* Govern'' sent for the Lower House and made a 
speech to them ab' the necessity of raising money to pay 
what the Province owed the soldiers, and building some- 
thing for the security of the King's stores. The L' Govern' 
read a Letter from Mr. Campbell about the Post Office, and 
desired the Board's consideration. 

Ordered that a Bill be sent down to the Lower House for 
an additional Law for paym' of two pence a letter for 
[p. XIV.] letters coming into the Province by Water. 

These four several Bills voted in both Houses, viz., A 
Bill for the acknowledging of Deeds ; A Bill for restraint of 
Inhuman severities ; A Bill to prevent Idle Expences and 
Gaming in Public Houses ; A Bill for the encouragement 
of the Post Office. 

Ordered, that Nath. Fryar, Robt. Elliott, Hen. Green* 
Nath. Weare, W™ Yaughan, & Jlichard Waldron, be a com*^ 
to join with the other House in drawing up said Bills, with 
the other three voted the 10'^'' instant. Adjourned untill 
May 15"', at 2 of the clock. 



Tuesday 15"^ May, 1G94. 
Present, 
The L* Govern', 
Nath. Fryar, ) Nath. Weare, ) 

Ptobert Elliott, } Esqs. AV™ Vaughan, [ Esqs. 

Peter Coffin, ) Rich'' Waldron, ) 

The L* Governor desired a return of Bills comited to be 



169-4.] JOURNAL OF COUNCIL AND ASSEMBLY. 19 

drawn up. The Comittee pr'seiited said Bills, and tliey 
was sent to the Lower House for their consideration. 

Wliereas the selectmen of Hampton were to attend this 
Board, they sent their answer, as on file. The Persons 
that petitioned from Hampton sent their desires by one 
James Prcstcot, as on file. 

Ordered, that a Township be granted by this Board unto 
the Petitioners of Hampton that have desired the same. 

Ordered, that notice be given to the selectmen of Hamp- 
ton tliat they give notice to their town to make choyce of 
persons to give their Relations where the bounds of a Town- 
ship graunted by this Board to several persons of Hampton 
shall begin, and to make a return of the same to this Board 
on the 18*1^ inst. 

A Bill for Regulation of Seamen was sent to the Lower 
House. The comitty appointed to receive the claims being 
sent for gave in, as on file. 

Adjourned till 16*'' inst., 2 o'clock. 



Wednesday, May 16'^ 1694. 
Present, 
The Lieut. Govern'', 
Nath. Fryar, ) Nath. Wear, ) ^ 

Robt. Elliott, } Esqs. Rich. Waldron, ^^^'^' 

Peter Coffin, ) 

Capt. Nath. Fryar gave his dissent ag'' passing the Bill 
for settling Town bounds. 

[p. XV.] Ordered that the Treasurer prepaire fair copies 
of his ace** and lay the same before the Assembly forthw*''. 

Adjourned until May 17*'', '94. 



Esqs. 



20 PROVINCE OF NEW-HAMPSHIRE. [1C94. 

Thursday, May 17"', 1694. 
Present, 
The Lieut. Govern'', 

Nath. Fryar, J Nath' Wear, 

Robert Elliott, > Esqs. Rich'' Waldron, 

Peter Coffin, ) 

The Lt. Govern'' sent down to the Lower House to know 
whether that they had done anything as to the raising of 
money for the support of the Govern™' in this Province, as 
to his Proposals layd before them. 

The Lower House sent up answer in the negative. The 
L* Govern"^ sent for the Lower House & made a Speech to 
them ab* raising of money as formerly. 

Ordered, that Mr. Coffin and Capt. Weare be a Commit- 
tee to join with the Lower House to draw a Bill for settling 
High ways, Capt. Walton and Job Clements, Esqr., being 
chosen by the Assembly. 

Adjourned until May 18"', 1694, 2 o'clock. 



Friday, May 18"', 1694. 
Present, 
The Lt. Governs 
Nath. Frvar, ) Nath" Weare, ) ^ 

Robert Elliott, \ Esqs. Rich'^ Waldron, j ^^^1"' 

Peter Coffin, ) 
A Bill about highways was sent to the Lower House. 
Whereas there was an order for the selectmen of Town of 
Hampton to attend this Board on this inst., to give their 
relation where the bounds of a new Town, granted to sun- 
dry p'sons of said Hampton, should begin ; Capt. Hen. 
Dow apeared in behalfe of the Selectmen and made a re- 
turn, as on file. 

James Prescott appeared in behalf of the petition''^ and 
humbly leaves to the consideration of the L* Govern'' and 
Council, where and how farr the Township shall be and run 
as to the bounds thereof. 



1694.] JOURNAL OP COUNCIL AND ASSEMBLY. 21 

Ordered, that the Township of the Young men of Hamp- 
ton as to the affau* thereof, be laid aside, the board not 
agreeing'. 

Ordered, that the Treasurer attend this Board on to- 
morrow morning by ten of the clock, to give an ace" of 
what money he has of the Provinces in his hands. Ad- 
jorned until May 19"\ ten of the clock. 



Saturday, May 19'% 1604. 
Present, The Lt. Govern'', 
Nath. Fryar, ) Nath' Weare, ) ^ 

Robert Elliott, \ Esqs. Rich^ Waldron, \ ^'"'i^' 
Peter Coffin, ) 
[p. XVI.] The Lieut. Govern'' sent for the Lower House 
and acquainted them that it was aparent the Treasurer had 
^101 : 18 : 9 of their Maj'ties Revenue in his hands. 
Adjourned to May 21. 



Monday, May 21, 1694. 
Present, The Lt. Governor, 

Nath. Fryar, ) W" Yaughan, ) ^ 

Robert Elliott, [ Esqs. Rich'^ Waldron, \ ^"^'i^' 

Henry Green, ) 

The L* Govern'" sent for the Lower House and proposed 
to them to make choyes of two men to join with this 
House, to consider the cost & charge of building the forti- 
fications in the Fort, as he had formerly layd before them. 

Adjourned till May 22% at 2 of the clock. 



Tuesday, May 22% 1694. 
Present, The L* Govern'', 
Nath. Fryar, ) W'" Yaughan, ) ^ 

Rob' Elliott, [ Esqs. Rich-i Waldron, j '^''^^• 

Hen. Green. ) 



22 PROVINCE OF NEW-HAMPSHIRE. [1G94 . 

The Lower House sent an answer to the L* Govern'^'* 
proposals yesterday, as on file. The L* Govern"" offered the 
Lower House if they did desire it, a conference w*'^ this 
House. The Lieut. Governor sent the Dep' Secr^' down to 
know their positive answer as to the choyce of two persons, 
yea or nay. 

The Lower House, not sending up their answer, the L*^ 
Govern'' sent down & commanded tlieni in their Maj'ties 
names, to sit de die diem until they had sent up an answer 
positive. 

Adjourned till May 23-^, 1694, at 2 o'clock. 



Wednesday, 23^ 1694. 
Present, The L* Governour, 
Nath. Fryar, ) Peter Coftin, ^ 

Robert Elliott, > Esqs. Nath. Weare, I -^ 

Hen. Green, ) W- Vaughan, & ^ ^^^^' 

Rich. Waldron, j 
A petition from the men of Hampton was read in Coun- 
cil. 

Ordered, in answer to the petition, that a Township be 
granted. The Lower House sent up their answer as to 
choyce of 2 men in the negative. The L' Govern'' proposed 
to this Board that 4 of the Council should view the Fort & 
compute the charge, and whether it was not necessary. 
Answered in the affirmative. Tlie Coniittee appointed, 
(viz.,) Robert Elliott, Peter Coffin, Hen. Green, Nath. 
Weare, Esqrs., made their return, viz., [p. xvii.] that for 
the pr'sent security of their Maj'ties Fort and to make up 
the breast work & place to secure the King's stores, we 
judge needful £100, & for the scons* to defend the great 
guns, £400. 

The L* Govern'' sent for the Lower House and recom- 
mended the same to their consideration. Adjourned till 
May 24^% at 10 clock. 

* Sconce — a fort or bulwark; a work for defence.— JFct. Die. 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 23 

Thursday, May 24"^ 1694. 
Present, 
The L' Goveriiour, 
Nath. Fryar, ^ Nath" Weare, ) 

Robt. Elliott, 1 p^^^ W- Vanghan, f Esqs. 

Peter Coffin, f '^''^^' Kich^ Waldron, ) 

Hen. Green, J 

The L' Govern'' sent to the Lower House to know their 
answer as to raising of money proposed. The Lower 
House sent up their answer in the negative. 

Adjourned till 3 o'clock. 

At three of the clock both houses being met, the L* 
Govern'' gave his assent and signed these 6 Bills, viz : 

An Additional xict for encouragement of the Post office ; 
An Act for acknowledgment of deeds ; An Act ag"^' exces- 
sive expence in Taverns & Gaming ; An Act for altering 
the time o'f the Session of the Super"" Court ; An Act for 
Restraint of Lihuman severities ; An Act relating to Seamen. 

The L* Governor declares, as for the Acts, viz., about the 
Bounds and Highways, he would not assent to them, since 
they had so often intimated to the Council of Mr. Allen's 
coming. 

The L* Governor made a speech to both Houses, and 
then dissolved the Assembly, May 24"\ 1694. 



At a General Assembly begun and held 
at New Castle for the Province of New 
Hampshire, on Wednesday, November 
1^ 1694. 
Present, The Lieut. Govern'', 
Nath. Fryer, ) Hen. Green, ) 

Robert Elliott, } Esqs. W'" Yaughan, } Esqs. 
Peter Coffin, ) Rich'' Waldron, ) 

Ordered that Robert Elliott and Peter Coffin, Esqs., be 
nominated in the Dedim* Potestatem for administering the 
oaths to the persons elected for this General Assembly. 



24 PROVINCE OF NEW-HAMPSHIEE. [1694 . 

Messrs. Geo. Jaffrey, John Pickring, John Plaisted, 
Tho. Cobhit, James Randle, Nath. Batchekler, Thomas 
Roby, John Smith, Kingsley Hall, Jno. Foulsham, Jno. 
Woodman, W'" Furber, John Hall, John Fabes, were 
sworn members of the Assembly, pursuant to the above 
ord'', by Robert Elliott & Peter Coffin, Esqrs., of the 
Council. 

The L' Governor recommended to the Lower House the 
choice of a Speaker ; and adjourned till 2 clock on Thurs- 
day, the 2'^ inst. 

[p. XVIII.] Held by Adjournment, November 2^, 1694. 
Present, The L' Govern"', 
Robert Elliott, ) Nath' Weare, "j 

Peter Coffin, > Esqs. W'" Yaughan, \ Esqs. 
Hen. Green, ) Rich'^ Waldron, ) . 

The L* Governor sent to the Lower House to know 
whether they had made choyce of a Speaker ; and they 
offered Mr. George Jaffrey, who Avas accepted. Both 
Houses being met, the L* Govern'' acquainted y™ that since 
he came into the Province he had heard of no matter that 
offered of service to be done, more than when he last 
went away ; and delivered his speech to the Assembly for 
their consideration. 

A vote was sent to the Lower House for reviving and 
continuing the act for defraying the public charges of the 
Governm' until the second day of November, 1695, w'^'' past 
both Houses, and was assented to by the L* Govern'', and 
proclaimed the same day. 

It is the Result of this Board that there be Provided 
Provision and Ammunition for sixty men, to be sent from 
Boston to this Province as soldiers ; and the Lower House 
being sent for up, the L* Govern"^ proposed to them what 
number of men they thought convenient to be sent for, and 
to make provision for them as to Provision and Ammuni- 
tion. Adjourned to Fryday, o'' inst. 10 clock. 



1694.] JOURNAL OF COUNCIL AND ASSEMBLY. 25 

Held by adjournment, November o'\ 1G94. 
Present, The L' Govern'', 
Robert Elliott, J Nath. Weare, J 

Peter Coffin, S Esqs. W" Yaughan S Esqs. 
Hen. Green, ) Ricli*^ Waldron, ) 

In answer to the L* Governor's projDOsals yesterday, the 
Lower House sent up for sending sixty men for six months, 
and to raise Provision and ammunition for them, or longer, 
as necessity should require. Ordered, that a letter be 
drawn up to be sent for Boston for that purpose. 
Adjourned to Tuesday, 6"' inst. 



Held by adjournment, Tuesday, 6"' Novem- 
ber, 1694. 

Present, The L* Govern'', 
Robert Elliott, ) Nath. Weare, ) 

Peter Coffin, \ Esqs. W™ Vaughan, i Esqs. 

Henry Green, ) Rich'* Waldron, ) 

Both Houses being met, the L* Governor declared he 
hoped to have had an ace" of the debts of the Province ; 
but they being not ready from the committee, the L* Gov- 
ernor made a Speech, as on file, and d'* sundry papers to 
the Assembly for their perusal ; recalling to what hud been 
done the last session and since, for the service of this 
[p. XIX.] Province. Adjourned to Wednesday, 2 clock. 



Held Wednesday, 7**". 
Present, The L* Govern'', 
Robert Elliott, ) Nath Wear, ) 

Peter Coffin, [ Esqs. W'» Yaughan, [ Esqs. 
Hen. Green, ) Rich'' Waldron, ) 

This Board sent down to the Assembly to their consider- 
ation, viz.: Laid before the Assembly last May for the 
breast work & to secure the King's stores, XIOO. For a 
sconce to defend the Great Guns, £400. Debts standing 



26 PROVINCE OF NEW-HAMPSHIRE. [1C94. 

out, X202; for a Prison Xl.lO ; Charges returned by the 
committee, X 322, 19: 2"^; For Provision and amunition 
for 60 soldiers 6 mo., X2i0. In all amounting as per ace"* 
on file, £1414: 19: 2. 

The Lower House sent up the following votes, viz. : one 
for the Settlem' Town Bounds ; one for the Restraint of 
Horses on the Commons, and one for Laying out of the 
Highways ; which Bills this Board gave their dissent ag''. 

Adjourned to Thursday, 8"', 2 clock. 



Held the 8**' inst. 
Present, The L* Govern*', 
Robt. Elliott, ) Wm. Yauglian, { ^ 

Henry Green, [ Esqs. Rlcli'^ Waldron, j ^ ' 
Nath''Wear, ) 
A Letter from his Excell^ Sir W Phips & Council, rela- 
tion to soldiers, bearing date at Boston, 81)er 6*'', was sent 
to the Lower House for their consideration. A vote was 
sent up for advancing 1-3 part of pay for the soldiers from 
Boston. 

A letter was sent in answer to Sir W™ Phips of the o*^ 
inst., as on file. 

A vote from the Lower House to raise on all estates and 
persons in this Province to the value of X700. ]Mr. Elliott 
and Mr, Wear were apointed a comity by this Board, to 
join with two of the Lower House for drawing up the act 
for a X700 Rate, and to make return by two clock to- 
morrow, Post meridiem. Adjourned until Friday, 9"'. 



Held Friday, 9* Nov^ 1694. 
Present, The L* Govern'', 
NatV Fryar, ) Peter Coffin, ~) 

Rob* Elliott, } Esqs. Kath^ Weare, I -p. 

Hen. Green, ) W™ Vauglian, f ^^^^' 

Rich'i Waldron, j 



lG9o.] JOURNAL OF COUNCIL AND ASSEMBLY. 27 

The Comity appointed to draw up the £700 act made 
their return. 

This board excepted ag** the valew of Boards, and and 
sent the Bill down to the Lower House for their considera- 
tion. 

[p. XX.] A vote passed this House for passing an act 
for alowiug 5 shillings per diem during the session of As- 
semblys, to the Council, or for making void the act for al- 
lowance of Representatives during s'' session. Adjorned 
to November 10"'- 



Held November 10"\ at 8 o'clock. 
Present, The Lieut. Govern', 
Nath' Frvar, ^ Nath" Wear, ) 

Rob' Elliott, I p ^ W^Yaughan, f Esqs. 
Peter Coffin, ( ^^^^- Rich-^ Waldron, ) 
Hen. Green, J 
The Lower House sent up the act of £700 w"' addition ; 
but sent back for amendment. A vote from y° Lower 
House to call the money out of the late Treasurer's hand. 
The Lower House being sent for up to this Board, the L* 
Governor made a speech to them, as on file, relating to 
raising of .£400 to be presented to Mr. W" Blaithwaite for 
passing of the Laws made & sent for Engl'd, for confirma- 
tion. 

The act for raising of £700 past both Houses, and as- 
sented to by the Lieut. Govern'". The Assembly prorogued 
to the second Wednesday, in May next, at two of the 
clock, Post Meridiem. 



At a General Assembly held by pro- 
rogation at New Castle, May 8^'\ 1695. 
Present, The L' Governor, 
Nath. Fryar, ) Henry Green, ) 

Rob' Elliott, [ Esqs. W" Vaughan, \ Esqs. 

Peter Coffin, ) Ricli'^ Waldron, ) 



28 PROVINCE OF NEW-HAMPSHIRE. [1695. 

The Lieut. Govern'" acquainted the Board that whereas 
at present he did not [?] the affairs of the Province, and the 
Treasurer being to prepare his acc*% and no time would be 
left in visiting the Frontier Garrisons and Militia of the 
Province ; therefore he dissolved this Assembly, and in his 
Majesty's name they were dissolved. 



At a General Assembly begun and held 
at New Castle, May 15, 1695. 
Present, The Hon'rable the L' Govern'', 
Nath' Fryar, ) Nath^ Wear, ) 

Rob* Elliott, [ Esqs. W"' Vaughan, V Esqs. 

Hen. Green, ) Rich'' Waldron, ) 

Ordered, that the Deputy Secr^ make the Dedim^ Potest™ 
to W''' Yaughan and Richard Waldron, Esqrs.,to adminisf^ 
the oaths appointed to the members of the assembly. 

The same day according to precept the oaths apointed 
was administered to Mr. George Jatfrey, Elias Stileman, 
John Pickring, John Plasted, [p. xxl] Kingslcy Hall, 
John Foulsham, John Hall, James Rendall, Nath^ Batchel- 
der, John Smith, Thomas Roby. 

Adjourned to Tluu'sday morning, the 16'^ inst., 10 of the 
clock. 



Held at New Castle, by adjournment^ 
May 16% 1695. 
Present, The L* Govern'', 
Nath. Fryar, ) Nath. Wear, \ ^ 

Rob' Elliott, [ Esqs. Rich'' Waldron, ] ^'^^1^' 

Hen. Green, ) 
Rob' Elliott and Richard Waldron was apointed by vertue 
of a Dedimus Potestatem to administer the oaths apointed, 
to John Woodman, William Furber, who had not been 
sworn of the Assembly, which was accordingly done. The 
Lieut. Govern'' sent to know whether they had made 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 29 

choyce of a Speaker. The other House came up and pre- 
sented W Geo. Jaffrey's their Speaker, who was accepted 
by the L' Govern^ 

The L* Governor presented his speech to to the assembly. 
The petition of Duncan Cambell in behalf of Andrew 
Hamilton, Esqr., Dep* Post Master General for his Maj'tys 
Colonies and Isles in North America, requesting both 
Houses' consideration for some encouragement of the Post 
Office, was read in Council and sent down to the Lower 
House for their consideration. 



Held by adjournment. May 18*^ 1695. 
Present, The Lieut. Govern'', 
Nathi pj,yar, ) Peter Coffin, ) 

Rob' Elliott, [ Esqs. Nath. Wear, | Esqs. 

Hen. Green, ) Ricli'^ Waldron, ) 

The Assembly being sent for up to this Board, the 
Lieut. Govern'' was pleased to recomend to their considera* 
tion the necessity of raising of money for the suport of 
the Governm* and the defense of his Maj'ties subjects in- 
habiting this Province against the French and Indian 
enemie. 



Held by adiournment May 20"', 1695. 
Present, The Lieut. Govern'', 

Nath^ Fryar, ) Will"' Vaughan, ) ^ 

Rob' Elliott, \ Esqs. Rich'^ Waldron, j ^'''^^^ 

Peter Coffin, ) 

A Bill was sent down to the Lower House for Impower- 
ing the Selectmen in each Town to provide bread by an 
assessment on the Inhabitants, to be ready four days' march 
of those sold'rs already (or to be) imprest, to march 
upon the attack of the enemie, which was assented to by 
the Lower House. 



30 PROVINCE OF NEW-HAMPSHIRE. [1G95. 

[p. xxil] Held by adjournmS May 21^*, 1695. 
Present, The Lieut. Govern'", 
Nath' Fryar, ) W- Yaiiohan, ] ^ 

Peter Coffin, [ Esqs. Ricli^^ Waldron, \ ^'''^'" 

Rot)* Elliott, ) 
The Lieut, Govern'^ proposed that a comitty might be 
apointed to draw up the acts for what Bills are past. Ac- 
cordingly M'' Vaughan, Ric'^ Waldron, Esq., were made 
choice of and recomendations were sent to the other 
House for choice of two of their House to join them. The 
Lower House made choice of Elias Stileman and John 
Pickring. 

The Lower House sent up a Bill for settling a salary of 
12 pounds for the year ensuing for encouragement of the 
Post .... in answer to Duncan Cambell's petition, 
provided the Post be kept. 



« Held by adjournment May 21^*, 1695. 

Present, The Lieut. Govern'', 

Nath' Fryar, "^ 

Robt. Elliott, I ^ Will- Yaughan, ) ^ 

Hen. Green, ( ^^^^- Rich'^ Waldron, j ^^^^• 

Nath. Wear, J 

The Comitty apointed to draw up those acts that had 
been prefered by Bills, made their returns, and they were 
sent down to the Lower House for their concurrence. The 
said Bills was past by both Houses and ordered to be In- 
grost. 



Held by adjournment May 21'^, 1695. 
Present, The Lieut. Govern'', 
Nath. Fryar, ^ Nath. Wear, ) 

Rob' Elliott, 1 p W™ Vaughan, ) Esqs. 

Peter Coffin, f ^^^^' Rich'^ Waldron, ) 

Hen. Green, I 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 31 

The Lieut. GoveriV gave his assent to, signed these three 
Bills past into acts, viz. : 

1. An act for allowing £12 00 00 to the Post for In- 
couragem* for the year ensuing, provided the Post be kept. 

2. An act irapowering the Selectmen in each town to 
provide bread for four days' march of the Soldiers imprest. 

3. An act for Regulating of Publick Houses of Entertain- 
ment. 



At a General Assembly held at New 
Castle, by adjournment, September 
ir% 1695. 
Present, 
Natli^ Fryar, ) Hen. Green, ) 

Robt. Elliott, \ Esqs. W'" Vaughan, [ Esqs. 

Peter Coffin, ) Rich^i Waldron, ) 

[p. xxiil] Both Houses being met, this Board sent down 
to see if the other house had anything to offer ; and noth- 
ing oifering, adjourned till to-morrow, 1 o'clock. 



Held Thursday, 12 of Sep^ 1695. 
Present, The Lieut. Govern'", 
Nath' Fryar, ■ ^ Nath. Wear, ) 

Peter Coffin, I -^ W™ Yaughan, } Esqs. 

Robert E.iiott, f ^^^^- Rich'^ Waldron, ) 

Hen. Green, J 

The Lieut. Governor sending for the Lower House up, 
delivered them his Speech in writing, for their considera- 
tion, as to the matters laid before them at their last session. 



Held by adjournment, Friday, 
13'" September, 1695. 
Nath. Fryar, ) ' Nath. Wear, ) 

Robt. Elliott, [ Esqs. W™ Yaughan, [ Esqs. 

Hen. Green, ) Rich. Waldron, i 



32 PROVINCE OF NEW-HAMPSHIRE. [1695. 

A vote for reviving the act for defraieing tlie publick 
charge of the Province, intitled an Act for raising a Rev- 
enue, past both Houses and ordered to be Ingrost. 

Two Bills, one for raising three hundred pounds money, 
and another for £100, past both Houses and ordered to be 
Ingrost. 

Robert Elliott and NatW Fryar were apointed by this 
Board to joyn with Major Stileman and John Pickring to 
draw up the Bills. 

Held by adjournment, Sept. 14*, 1695. 
Present, The Lieut. Govern^ 
Nath. Fryar, ) Nath. Wear, ) 

Robt. Elliott, [ Esqs. W™ Yaughan, \ Esqs. 
Hen. Green, ) Rich*^ Waldron, ) 

Both Houses being met, these two Bills, viz., A Bill for 
raising £300, A Bill for continuing the Impost, was read & 
assented to by the Lieut Govern''. 

Capt. Walton's ace" laid before the Council, amounting to 
X83: 19^: 0^ was allowed,— X50 : 00 : 00 in part order of 
& p'l. W" Bedford, Dep* Sec^, his ace" in full to the sixth 
of this inst.. Am. to £19 : 17 : 9, allow'd. 

Prorogued until the second Wednesday in June, 1696. 
Dissolved by Proclamation. 



At a Council & Assembly begun and held 
at New Castle, on Wednesday, November 
6"S 1695. 
[p. XXIV.] Being present, The Lieut Govern'', 
Nath. Fryar, ) W" Vaughan, ) ^ 

Peter Coffin, } Esqs. Rich. Waldron, ] ^^^^' 
Robt. Elliott, ) 
Ordered, that Robt. Elliott and W" Vaughan, Esqs., be 
commissionated by Ded" Protestatem to the oaths apointed 
to the members elected and returned of this Assembly. 
Accordingly the Oaths appointed were given, and the 



1695.] JOURNAL OP COUNCIL AND ASSEMBLY. 33 

Test subscribed and repeated by Messrs. Geo. Jaffrey, John 
Woodman, John Pickring, Tho. Cobbitt, Shadraek Walton, 
John Plasteadj W™ Furbcr, Jno. Hall, Daniel Tilton, 
Theop. Dudley, Moses Levitt, Josias Sanborn. 

The Lieut. Governor sent the Secretary to the Lower 
House and recommended to them the choice of a Speaker. 
The House presented Mr. Geo. Jaffrey their Speaker, who 
was accepted. 

Adjourned to Thursday, 12 clock. 



Held by adjournm* Thursday, 
November 7"S 1695. 
Being present. The Lieut. Govern'', 

Nath. Fryar, ^ Hen. Green, ^ 

Peter Coffin, LsBs^^^^^W^^^^i^gh an , > Esqs. 
Robt. Elliotjb<f^\^^^l?^.Jp^lron, ) 

The Lieut. Govern'' having sent for^ie Lower House, 



made a speech \q tliem (viz.): 






Genflem^ : I propnscil \'nv vAAwj; of money for support of the 
Hon"" of the GoveriiuuMit I'v: ftutiail} of the Province, or your ad- 
vice w"^ tlie Council, whul \\ ;i\ 1 uui}' ijropose to lay before the 
King. 

The King expects none should serve him at his own expense, & 
I am fully salislied yo'' Taxes and Rates are not so great as those 
at Boston, for a person of SO"*^ rent here pays but 10"^% and at Bos- 
ton about £20 ; So I demand you of the Assembly your advice 
here with the Council. 

They desired to debate the matter in their own House, 
distinct. Granted. 

The Lieut. Govern'' sent for the House, and demanded 
their advice as to what way he might propose to the King. 

Answered, they can propose no way. 

The Lieut. Govern"" declared he must return to the King 

they would not give advice as to the proposing a way, and 

lay before the King the true state of the Province. 
3 



34 PROVINCE OF NEW-HAMPSHIRE. [1695. 

The Lower House presented a vote to send to the Gov- 
ernor at Boston, for 40 men. 

The Lieut. Govern'' demanded of the [p. xxv.] Assembly, 

f they judged it absolutely necessary to have 40 men for 

security of the frontiers of the province ; and that men be 

posted in the out places. Answered, Yes. Adjourned to 

Friday, 12 clock. 

. Held by adjournm*, Friday, 
November 8'", 1795. 
Being present, The Lieut. Govern'', 
Nath' Fryar, J Hen. Green, 

Peter Coffin, \ Esqs. Nath. Wear, 

Rob' Elliott, ) W"^ Yauglian, 

Rich. Waldron, 
Peter Coffin and Hen. Green, Esqs., being apointed a 
comittee to joyn with two of the Lower House to draw up 
a Bill of X400 to be raised for the payment of soldiers de- 
tached for his Maj'tys' service in the Province, made their 
return, and the Bill was sent down to the other House for 
their concurrence. 

The Assembly past the Bill and sent it up. Ordered by 
this Board that the Bill be amended ag*' to-morrow. Ad- 
journed to Saturday, nine o'clock. 




Held by adjournm', Saturday, 
November 9"', 1695. 
Being present. The Lieut. Govern'', 



Nath. Fryar, J Hen. Green, 

Peter Coffin, } Esqs 



xetei vAuuii, .^ ju^qs. Nathi Wear, «^p«„« 

Robt. Elliott, ) W^^ Yaughan, f ^^"^l^' 

Richard Waldron, J 
The Lieut. Govern'' having proposed unto the Asseml)ly 
for raising of money for support of the Hon'' of the Gov- 
ernment on Thursday, the 7th inst., the Lower House 
sent the following answer: 



1695.] 



JOURNAL OP COUNCIL AND ASSEMBLY. oO 



To the Hon''''' the Lieut. Govern'' of his Maj'ty's province 
New Hampshire. 

The Representatives convened in General Assembly hav- 
ing taken into consideration w' recommended by your 
Honor, do most humbly otter as followeth : 

That considering the p'sent state of this his Maj'ties 
Province, being exposed & in danger of an invasion of our 
fFrench & Indian enemie, that we are necessitate only to 
apply ourselves to the consideration of raising what money 
we can for the defence of this his Maj'tys province, which 
yet we fall far short of what is necessary ; Wee not able, 
therefore, not capable to do anything towards the supporte 
of the Hon"" of the Governm' although sensible your Honor 
has been at great Charge : therefore, do most humbly pray 
y"" Hon"^ w"^ the advice of the Council, will please to spread 
before his most excellent Majesty the poverty and danger 
of this his Province, That such methods may be taken for 
support & defence of the same, as in his most Royal wis- 
dom may be judged most meet. 

Upon which the Lieut. Governor made the following 
proposals : 

[p. XXVI.] Gentlem"^ : It was proposed to raise money for support 
of the Honor of tlie Governm' &; securitj' of the place, or else your 
advice what way I may propose to lay before the King; and your 
answer you can propose no way: I do therefore recommend to 
your consideration to raise money for those ends, viz. To lay a 
duty upon all Boards & staves at 3s. per Isl. upon all that is ex- 
poi'ted out of the river to any of his Majesty's Plantation Govern- 
ments. Additional duties of impost to be pro rata with the Mas- 
sachusetts Government, viz: 



English Goods, 


10» p ct, 


Earn, 


£2 : 16 : 8 p Hhd, 


Madara "VYiue, 


1 : 7 : p pipe, 


Fyal " 


1: 0: p pipe. 



A vote was sent up from the Lower House, that an Act 
might be passed to give unto his Maj'ty, his Heirs and 
successors, for support of the honor of the Governm' & de- 



36 PROVINCE OF NEW-HAMPSHIRE. [lG9o. 

fence of this his Maj'ty's Province, the several duties & 
impost upon the comodities following, to be exported out or 
imported into this Province, for the space of one year, to 
commence from the first day of December next following, 
viz.: For each M. boards and each M. of Hhd. Staves one 
shilling p. M. money ; each M. Red oak Hhd. Staves and w' 
oake bbl. staves, 8'^ p. M.; each M. of white oake pipe staves 
IH'^ p ; for mast yards and Bowsprits transported beyond 
sea, from twenty inches and upwards, 4*^ for every inch di- 
ameter, and additional duty of impost upon each pipe of 
Wine and Hlid. Rum five shillings ; provided always & 
with tliis limitation that the Hon'''° Lieut. Governor and 
Council do join with the Representatives convened in Gen- 
eral Assembly humbly to petition his most excellent Maj'ty 
that, considering the poverty & danger of this Province, 
being not able of ourselves to support a separate Govern- 
ment, to pray that we may be annexed to the Massachusetts 
Government, or otherwise, as his Majesty in his Royal wis- 
dom shall think meet. 

The Lieut. Governor proposed to the Assembly, (viz.): 

Gentleni°: Having at your first sitting in'oposed for raising of 
money for passing of yo'' Laws in England, least by reason of want 
of due application your Laws be rejected ; desire your answer to 
the same. 

The Assembly answered, they had considered what pro- 
posed ; but find the Province was not capable to raise more 
money at present. 

The Lieut. Governor proposed, if Boston should not send 
men, whether he should write to the King for men. 

Refused to answer. 

The Lieut. Govern' ordered the Letter sent to Lieut. 
Govprn"" Stoughton with the minitt of Council of Octob'' 
30'*^, at Hampton, to be read as followeth. 

Desired by the Board that aplication might be made to 
Lieut. Govern'' Stoughton for 25 men to be sent from that 
[p. xxvii.] Government for his maj'ty's service & security 



1695.] JOURNAL OF COUNCIL AND ASSEMBLY. 37 

of the frontiers of this Province ; paying their part of 
wages according to former agreement. 

[Letter.] 

October 30*. 
Honorable Sir: This day iu Council, as per minute inclosed, 
the Board desired your Honor's favor for the service of his maj'ty 
& securitie of this Province, upon the terms formerly agreed, that 
your Hon"" would be pleased to order 25 men for the same. Sir, 
please to let me have an answer by the Express sent, desiring the 
same w"' all expedition may be dispatch'; in which you will 
oblige your most humble servant, J. TJ. 

Lieut. Govern'* Stoughton's Letter, 7"' November, in 
answer to this Board of October 30"', was read to both 
Houses (viz.) : 

non^hle Sirs: I am commanded by the Hon*''" the Lieut. Gov- 
ernor, to acquaint you he has advised with the i^roposals made by 
yourselves for 25 men which you desire may be sent for the secu- 
ritie of the Frontiers within your Province, you paying a part of 
their wages according to former agreements, and to assure you 
the same readiness is in himself & the Gentle" of the Council here 
to give you what assistance they reasonably may (as they have al- 
ways been) for defense of his Maj'tys interest with you as need 
shall require. But on consideration of tlie great standing charge 
of this Province, w* is almost insupportable, and the many ad- 
vantages w'^'^ yo"^ Province has, and considerable number of men 
above what are in the remote parts of this. Its thouglit not so 
equal a proposition that y'' Frontiers be enforced at the charge of 
y'' neighbors, who are already so greatly ojjpressed with the fatigue 
of the war, besides the difficulty there is in raising men here, so 
many being wasted by the war, sickness and other calamities, and 
I'emoved into other parts. Some of y"" towns, especially li amp- 
ton, are luimerous in men and not so exposed but that tliere may 
be drawn thence, for the defence of the frontiers as a constant 
guard. What shall be farther necessary to relieve you if the 
enemy come to press upon you, will be cheerfully afforded upon 
application from y''selves. By co\\\^ of his Honor the Lieut. 
Govern"", &c. 

Isa: Addington, Secry'. 

The Lower House being withdrawn, the Lieut. Govern"^ 
asked the Board if they had any thing to offer. The Board 
were silent. 



38 PROVINCE OF NEW-HAMPSHIRE. [1696. 

The Bill for the X400 Rate being Ingrost, past both 
Houses, and was assented to by the Lieut. Govern"^. 

The Lieut. Govern' adjourned the House, and sent the 
Secretary down to acquaint the Assembly of the same 
[xxviii.] that they might adjourn their House to the same 
time. Adjourned until the second Wednesday in July 
next, July 8% 1G9G. 



At a Council and General Asseml)ly held 
by adjournment, at New Castle, Wednes- 
day, July 8"\ 1696. 
Present, The Lieut. Govern'', 
Nath. Fryar, ) Hen. Green, ) -j^ 

Peter Coffin, [ Esqs. Rich'^ Waldron, \ ^^^^• 

Roljt. Elliott, ) 
The Lieut. Govern'^ sent for the Lower House ; both 
Houses being met, the Lieut. Govern'' recommended the 
Assembly to consider of what lay before them their last 
session. Adjourn'' to Thursday, ten of the clock. 



Held 9"' July, 1696. 
Present, 
Nath. Fryar, ^ Hen. Green, \ 

Peter Coffin, \ Esqs. Nath. Wear, \ Esqs. 

Robt. Elliott, ) Rich'' Waldron, ) 

A vote from the Lower House sent up for drawing up a 
Bill for administering the Oaths apointed by act of Parlia- 
ment to all male persons from sixteen years old and up- 
wards, throughout the Province. Past both houses. 



1696.] . JOURNAL OF COUNCIL AND ASSEMBLY. 89 

Held July 10'^ 1(396. 
Present, The L* Govern'', 
Natli. Fryar, "^ Nath. Weare, ) 

Peter Coffin, ! -^^^^ W" Yaughan, } Esqs. 

Kobt. Elliott, /^^HS- ]^|^.|^d Waldron, ) 

Hen. Green, J 
Major "VV™ Yaughan and Mr. Rich'^ Waldron, Esqs., were 
apointed a comitty to draw up the Bill for administering 
the oaths, and John Pickring and John Plaisted were ap- 
pointed to join with them. 

A vote for encouragem* soldiers that are maimed past 
both Houses. Peter Coffin and Hen. Green apointed to 
draw up the said Bills, & John Y^oodman & Theophilus 
Dudley appointed to joyne. 

A Bill was sent up to desire that aplication might be 
made to the Government of the Massachusetts for 50 men. 
Desired that an Express might be sent to Boston accord- 
ingly. 



Held July 1.3«', 1696. 
Present, The Lieut. Governs 
Nath. Fryar, ) W" Yauohan, ) ^ 

Eobt. Elliott, [ Esqs. Rich'' ^Yaldron, \ ^^^^' ' 

Hen. Green, ) 

[p. XXIX.] The Lieut. Govern'' being present sent for 
the other House and acquainted them with his proceedings, 
for understand the state of the Province <fe in taking 
care of the security of his Majesty's subjects here by visit- 
ing all the Garrisons, & declared the inhabitants desired 
the continuance of the soldiers. 

Y'hereas the Assembly desired that fifty men might be 
sent for from Boston to range tlie frontiers of this Province 
at the charge of the same ; The Lieut. Govern'' ordered the 
letters to be read, which was to signify they could not sup- 
ply with men from Boston Governm*. 

The Lieut. Govern"^ having laid before the Assembly the 



40 PHOVINCE OF NEW-HAMPSHIRE. [1C96. 

methods he had taken for security of the Province & of his 
Maj'tys subjects, demanded of them to know what irregular 
methods he had taken in the managem* of affairs for the 
preservation of the same. Answered, they know of none 
but what was for the good of the place. 

The Lieut. Govern'' demanded of both Houses if he had 
taken any wrong methods, or ill conduct in the managem' 
of affairs in the Governm'. Answered noe. The Lef^ Gov'' 
demanded of both Houses whether three of the Assembly 
was a House & could adjourn, and whether it was legal. 
Answered that there was no prefixt number appointed, and 
that it was lesal. 



Held July 18"'. 
Present, The Lieut. Govern'', 

Nath. Fryar, ^ Nath' Wear, J 

Peter Coffin, I -p, W'" Vaughan, i Esqrs. 

Robt. Elliott, ( ^^^^^^' Rich*^ Waldron, ) 

Hen. Green, J 

Several votes and Bills being read the L* Govern'' desired 
they might be past & fitted to be Ingrost, and test the 
house to adjourn themselves (viz.), A vote of raising six 
hundred pounds ; a vote to continue the Law about the 
Post, &c. ; a vote for settling a Ferric between Portsmo' & 
N. Castle. 

W" Vaughan & Richard Waldron, Peter Coflfm and Robt. 
Elliott, were apointed comitty to draw up the said Bills ; 
and W" Purber, John Pickring and John Plaisted & 
John Woodman were appointed to joyn them. 



Held Ijy adjournment July 20'', 1696. 
Present, The Leifete. Govern'', 
'Nath' Fryar, ) W" Vaughan, ) ^ 

Peter Coffin, [ Esqrs. Rich'^ Waldron , j ■^^*i^^' 

Robert Elliott, ) 

The Leift. Govern'' sent for the Lower House and the 



1G9G.] JOURNAL OF COUNCIL AND ASSEMBLY. 41 

several Bills being read the Lieut. Govern*" assented to, 

(viz.): 

An act for the payment of the care of wonnded soldiers. 

An act for administering the oaths, &c. 

An act for settling a Fcrrie, &c. 

An act for continuance of the Law about the Post, &c. 

[p. XXX.] Whereas there was a Bill offered for raising of 
six hundred pounds for payment of debts due to the soldiers 
& subsistance and for keeping out of thirty men three months 
to range the frontiers. The Lieut. Governor sent for the 
assembly and desired to know the meaning of the six hun- 
dred pound Bill ; whether if he should press 40 or 50 men 
besides the 30, whether they should be paid out of the 600 
lb. Answered, noe. 

The Lieut. Govern"" declared they having sent formerly 
to Boston for 50 men, and declared it to be of absolute 
necessity, and now to tie up but to thirty men, judged it an 
infringing of the King's prerogative, & did acquaint them 
that unless they would put the 30 men & grant the Bill in 
general for his Maj'ty's fort and payment of the King's sol- 
diers in service, he should not accept of the Bill. 

The Assembly desired the Bill to consider of it, w^'* was 
delivered to them. After some time the Assem])ly and 
both Houses met. The Lieut. Govern'" demanded if they 
had considered of the Bill. The speaker of the House an- 
swered they had, and could not alter it. Upon which the 
Lieut. Govern'" declared they were going about to deprive 
him of the power of the King's prerogative, w'"'' he was 
invested with, & therefore did dissolve them; & in his 
Maj'ty's name they were dissolved. 



42 PROVINCE OP NEW-HAMPSHIRE. [1G96. 

At a General Assembly begun and beld at 
New Castle, September 16% 1696. 
Present, The Lieut. Govern'', 



Nath' Fryar, ^ Henry Green, 

Peter Coffin, > Esqrs. Shadracli "Walton, 



Esqrs. 



Robt. Elliott, 

Nath' Fryar & Shadrach Walton, Esqrs., appointed by 
Ded, Potest"'^ to present the Association to be signed and to 
administer the oaths appointed to the members of the 
Assembly, made their return ; That the persons following 
signed the Test and Association & toolc the oaths appointed: 
Jno. Plaisted, Samuel Levitt, Jno. Redman, David Larans,* 
Jno. Hall, Tho. Chesley, Rich'' Jose, Theodore Atkinson, 
Jolin Tuck, Samuel Dow & John Hatch. 

The Lieut. Govern'^ having recommended to the Assem- 
bly the choice of a speaker, presented John Plaisted. 

Both Houses being met, the Lieut. Govern'' made this 
speech : 

You Gentlemen of the Council and Bepresentatives, — now as- 
sembled, — Having in the last Assembly laid before them the abso- 
lute necessity of raising money for the defense & support of the 
Hon'' of his Maj'ty's Governm*, notwithstanding all which there 
is nothing done ; Had I not out of my own estate advanced money 
for provisions for the out garrisons, from March to August last, 
the soldiers there being posted must have needs been drawn oif 
and the Frontier Garrisons [p. xxxi.] deserted: You are not 
unacquainted how the enemy lately designed an attack both by 
sea & land, and had not God strangely diverted them, the\' might 
have been masters of this place; which God forbid! and am 
informed they design to be here earh' the next Spring. 

TJpon my now coming into this Province, I sent for all the Mili- 
tia officers to know the state of the place & what was proper to be 
done ; they signified the country was indebted live hundred pound, 
& that it was of absolute necessity provision was made for subsis- 
tance and pay of the soldiers for time to come, and some etfectual 
care might be taken that provisions may lye ready, and*the charge 
of the towns, for a march of three or four days upon the attack of 

* Lawrence? 



1G96.] JOURNAL OF COUNCIL AND ASSEMBLY. 43 

the eiiem}-; and for efFeoting- the same, humbly offered that an 
Assembly might be called; w'^'^ Assembly you are. There is like- 
wise absolute necessity raising- money for securing of his Maj'sty's 
Fort and Stores, considering' how much your safety depends 
thereupon. 

In case the Frontier places be deserted & his Majesty's Fort lost 
by reason of not due care taken for security & defense of the 
same, the fault will sorely lye at your doors. Doe acquaint you 
what money you shall rayse, shall goe to these ends for w"''' raysed, 
aiul shall be willing the same shall be security for those that shall 
advance money for the use and ends afores''. 

I offer to y consideration that you would propose wages for 
suport & defense of this governm', that I may by this conveyance 
lay the same before his sacred Maj'ty. 

As to the King's prerogative, which by his Royal Commission I 
am invested with, I shall in nowise part with; and on the other 
hand, his Maj'ty's subjects' Liberty and Property neither will I 
infringe. 

Desiring- you would take into serious consideration & be expe- 
ditious in dispatching what's laid before you, wherein the happi- 
ness and benctit of his Majesty's subjects in this government doe 
60 much depend. 

Vote from the Assembly to desire that the Hon''^'' the L*. 
Govern'" would send out Warrants to make choice of two 
men in the room of Mr, Pickriiig & Mr. Clements. 

The Lieut. Govern'' declared to the house, thcj should 
send for them to their house ; for their refusal ouglit to be 
before the house. Answered, they had no officer to send. 

The Lieut. Govern'' told them if they desired it, he would 
apoint a ^Messenger, and that he would strengthen them in 
any thing they desired for the Liberty and Property of the 
Subject. 



Held by adjournment, 
September 19, 1696. 
Present, The Lieut. Govern'', 
Nath. Fryar, ) Hen. Green, ) ^ 

Peter Coffin, } Esqrs. Shad. Walton, ( ^'^''^• 

Robt. Elliott, ) 



44 PROVINCE OF NEW-HAMPSHIRE. [169G. 

[p. XXXII.] A vote for raising six hundred pounds past 
both houses. Mr. Elliott and Hen. Green, Esqrs.,apointed 
comitty to draw up the said Bill. Rich'' Jose and Sam'^ 
Levitt apointed to joyn with them. Prorogued to sit at 
Hampton, Tuesday, the 22'^ inst. 



Hekl l)y Prorogation at Hampton, 
Tuesday, September 22'', 1G96. 
Present, 
The Lieut. Govern'', 
Natli. Frvar, ") Nath. Wear, ^ 

Robert Elliott, VEsqrs. Shad. Walton, VEsqrs. 

Hen. Green, J Joseph Smith, J 

The L^ Governor sent for the other House, & again rec- 
ommended to them his last speech, & desired their speedy 
dispatch. 

Held September 23", 169G. 
Present, The Lieut. Govern^ 
Nath. Fryar, ^-| Nath'. Wear, "^ 

Peter Coffin, I p^^,.^ ^^lad. Walton, J^-Esqrs. 

Robt. Elliott, f ^^^i'^' Joseph Smith, J 

Hen. Green, j 

A particular ace'* of what debts are ah-eady due from the 
Province recommended to the Assembly for their consider- 
ation (viz.): 

To 40 Soldiers in Garrisons, Pay & subsistance from ) 

the last payment the 8"^ April to the 8* Octob'' S ^--'^O 00 00 
To Capt. "Walton for himself and soldiers at the ) 

King's Fort to 10* May last ... S 061 11 00 
To Capt. Walton for himself and soldiers from 10"^ } 

May to 10 November next .... S 001 15 00 

To due to sundries whose acc'^ are ready past . . 022 00 00 

To John Battson for mending the house at the Fort 005 00 00 

To a flag for the King's Fort 016 00 00 

To due to balance the Treasurer's acco" . . . 021 6 4. 

£737 12 4 



169G.] JOURNAL OF COUNCIL AND ASSEMBLY. 45 

A vote was sent up for continuing the act of Impost & 
Excise, and a vote to give unto his Maj'ty the sum of 
six hundred pounds for payment of soldiers and subsis- 
tance for time past, & to come. 

The Assembly sent up an answer to the L' Govern''^ 
speech (viz.). That they was very sensible of the necessity 
of raising money for pay & subsistance of the soldiers, but 
such was their poverty & scarcity of corn, and noe prospect 
of a better crop this year, that they could raise no more at 
present than £600 : 00 : 00, as see our file. 

A vote was sent to the Assembly that an humble address 
might [p. xxxin.] be made to his most Sacred Majesty to 
send a General Govern'' over these his Governments, and to 
annex us as in his princely Wisdom as he shall see meet. 



Held by adjournm*, 
September 24'% 1696. 
Present, The Lieut. Governor, 
Nath. Fryar, "^ Hen. Green, ^ 

Peter Coffin, VEsqrs. Nath. Wear, VEsqrs. 

Ilobt. Elliott, J Joseph Smith, J 

The Lieut. Govern'^ desired Robt. Elliott and Joseph 
Smitl), Esqrs., to carry the following acco"'' to tlie Assem- 
bly, and lay before them the necessity of raising money for 
those ends, or else the men must be drawn off and the 
Frontiers deserted, or that provisions must be impresst 
(viz.): 

For a place for the King's stores £55 00 00 

For 6 1-2 m° for the soldiers' subsistance & pay . . 520 00 00 
For Capt. Walton and soldiers at the Fort 6 1-2 months 

from 10"^ November next 91 15 00 

For the standing Post 12 00 00 

For extraordinary expresses, about . . . . 15 00 00 
Other petty charges . . . . . . . 7 00 00 

£700 15 00 



46 PROVINCE OF NKW-lIAMrSIIIRE. [1696. 

Ill answer to -which the Assembly sent tlic foUowhig vote, 
viz. : 

In answer to an acconnt brought before this House for 
raising of more money to lye in stock, we, considering the 
poverty of tiie i»eoj)le in this Province, for which we refer 
your Honor to our answer given to the Lieut. Govrn"' 
speech, <k considering all those circumstances, shall be able 
to doe no more at this time. By order of the Assembly. 

Rich'^ Jose, Clerk. 

The Lieut, sent for the Lower House, and gave his assent 
(viz.) : 

To an act for reviving and continuing the Impost and 
Excise ; 

To an act for raising GOO lbs. for payment & subsistancc 
soldiers. 

The Lieut. Covern'" demanded of the Assembly if they 
had any thing further to oiler. Answered, no. 

The Ijieut. Coverii'' made a Speech to both houses & de- 
livered it to the Assembly, viz. 

Gentlemen of the Council ajid J?cpresentativcs: — It is by virtue 
of liis Maj'ty's lloyal Commission you are impowercd to raise 
money for defense of the places & carrying" on of aflairs botli for 
maiiitoiuinoe of yo"" ministers & defraying of Town charges, the 
which to this day you liave had power by the same, many luiii- 
dreds of poniids have been raised for the ends afores"'. 

It being now about four years since I arrived Avith his INIaj'ty's 
Royal Commission, and at the charge of the Province have not 
had a house provided to lye in, nor one meal's meat, nor one drop 
of drink, [r. xxxiv.] though you know I have spent many hun- 
dreds of pounds out of my own estate for his Maj'ty's service. 

Do now recommend to your consideration tlie raising of money 
for respect to, and support of, his ]\Iaj'ty's lioyal Commission; as 
all other his Maj'tys Governm'" do. Your positive answer 
hereto I demand. 

John Usher, L'. Governor and Commander-in-Chief. 

The L* Governor having recommended the foregoing 
speech to both houses, the Council sent to the Assembly 
the following speech (viz.): 



1696.] JOURNAL OF COUNCIL AND AS.SE3IBLY. 47 

Voted, That although tlie Board is sensible of our Pov- 
erty <fe the many straits that is upon many this time of war, 
and the scarceness of crops that by Providence we lay 
under, yet we are of opinion that it is necessary to manifest 
our loyalty to his Maj'ty and gratitude to the^ Hon'"* Lieut. 
Govern' that is so by Royal Commission, that money be 
raised according as we are able for support of his Maj'tys 
Royal Commission for the Government of this Province. 

In answer to the Lieut. Governor's speech the Assembly 
sent the following answer : 

To the Honorable John Usher, Esq., Lieut. Governor of His 
Majesty's Province Usev; Hrmpshire: — The Eepresei^tives in 
General Assembly, having taken into consideration what yo"^ Hou' 
hath recommended unto us, do most humbly answer as follow- 
eth: 

That considering the present state of his Maj'ty's Province being 
BO exposed in danger of an invasion both by sea and land from 
the French and Indian enemie, that through our extreme ijoverty 
& scarcity of bread for the year past, and noe greater hopes for 
the year to come, we are necessitated only to apply ourselves to 
the considei'ation of raising what money we can for the defense of 
this his Maj'ty's Province, which we fear through our poverty 
shall fall far short of what is necessary ; therefore not able to doe 
any thiiig for support of the Hon' of the Governm', although sen- 
sible your Honor hath been at great charge : Therefore do most 
humbly pray that your Honor, with the advice of the Council, will 
be pleased to spi-ead before his most saci'cd Majesty, That it will 
be much better for defense of this Province to be annexed to Bos- 
ton, if he in his Eoyal Wisdome shall see meet. 

Signed by order of the Assembly. 

EiCHD. Jose, Clerk. 

The Lieut. Govern'' sent for the House of Representa- 
tives ; both houses being met, The Lieut. Governor de- 
clared : [p. XXXV.] 

Gentlemen, — You having declared there is nothing to offer 
from your House: 

It having been laid before you how on the 10'^ of November 
next, there will be due for payment of soldiers in the Gamsons & 



48 PROVINCE OF NEW-HAMPSHIRE. [1697. 

at his Maj'ty's Forts, together with otlier debts due from the Prov- 
ince, Seven hundred thirty seven pounds, twelve shillings, 4*. 

There is likewise a Bill presented to you from this Board, how 
that for pay & subsistancc of soldiers for six months to come will 
amount to seven hundred pounds, tifteen shillings, particulars for 
which you have had, together with an acco" in case money be not 
raised the Garrisons must be drawn off, or men with provisions 
must be impres' ; & though the same is for your own preservation 
you will raise no more than six hundred pounds, which is one 
hundred pounds short of what the country is indebted. 

If for want of money for provisions the Country be lost, the 
blamable cause will lye at your door. I shall lay the same before 
the King by this conveyance, and shall wait for orders and direc- 
tions from him. So, Gentlemen, I dissolve you, and in his Maj- 
esty's name you are dissolved. 



At a Council and General Assembly held at New Castle, 
for the Province New Hampshire, 5"' June, 1697. 
Present, John Hincks, Esq., President, 

Nath. Fryar, ^ Nath^ Wear, ^ 

Robt. Elliott, J>Esqrs. W"^ Vanghan, VEsqrs. 

Hen. Green, J Ric'^ Waldron, J 

Ordered, that the Secretary make a dedimus Potestatem 
to Robt. Elliott & Rich*^ Waldron, Esqrs., to give the oaths 
appointed instead of y^ oaths of allegiance & supremacy & 
j^ test to the Assembly. 

Capt. John Pickring, IMr. Jno. Plaistead, Mr. Sam^ Keas, 
Capt. Jno. Gerrish, Cajit. Jno. Gillman, Mr. Symon Wig- 
gins, Mr. Theod"^ Atkinson, Mr. W" Seavey, Mr. Ephr. 
Marston, Mr. John Redman, Mr. Benj. Browne, were all 
sworne of the Assembly pursuant to the above written order, 
by Robt. Elliott & Rich'^ Waldron, Esqrs. 

The Assembly came to this House and presented Capt. 
Jno. Pickring for their Speaker, who was allowed of ac- 
cordingly. 

The President made a Speech and gave a coppy to the 
Assembly as on file. 

Adjourned tomorrow morning 10 o'clock. 



1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 49 

At a General Assembly held by 
adjournment, to this present 
Wednesday, 9'^ June, 
[p. xxxvl] Present, John Hincks, Esq., President, 
Nath. Fryar, ) W"^ Vaughan, ( ^^^^,^^ 



Robt. Elliott, V Esqrs. Rich'* Waldron, 

Hen. Green, ) 

Major Vaughan, as Treasurer, gave in the Province acco" 
to the Council, & after perusal & approving of it was deliv- 
ered to the assembly. 

The Sheriffe complaining that the want of a prison in the 
Province renders him incapable of performing his office ; 
Ordered, that he forthwith take up y^ Fort on Mr. Tho- 
Grafford's hill at Portsmouth for that use, & see it fitted 
accordingly, y® charge thereof to be paid out of y® Treas- 
ury & the owner to be allowed reasonable rent for y® same, 
until further order. Past by President and Council and 
sent to the other house per Mr. Wear. Said Bill was sent 
up to this Board by the other House, and consented unto, 
allowing 40 shillings per annum, sent & past by y® Council. 
Adjourned to-morrow morning 10 of the clock. 



At a General Assembly at New Castle adjourned to this 
present Thursday, lO"' June, 1697. 

Present, John Hincks, Esq., Presid*, 
Nath. Fryar, ) Nath' Wear, ) 

Robt. Elliott, [ Esqrs. W" Vaughan, [ Esqrs. 

Hen. Green, ) Rich"* Waldron, ) 

Ordered, that publick notice be given y^ inhabitants of & 
in y® respective towns of this Province by Captains thereof, 
that whosoever has serv** as a soldier or disburs** any thing 
for y^ publick, th^t is not yet paid, may bring in their 
claims to a comittey appointed to receive the same, who set 
at Portsm° at the house of John Pickring, on Monday the 
21^* of this instant June, and y' y® said Committee consist 



60 PROVINCE OF NEW-HAMPSHIRE. [1C97. 

of two members of y* Council & two of the assembly ; the 
gentlemen chosen of the Council are W"" Vaughan and 
Rich'' Waldron, Esqrs. ; those of the assembly, Mr. John 
Plastead, Mr. John Redman ; and that y° s'' Committee 
make report of their doings herein to the Council at New 
Castle, on Wednesday, 23'' current. 

To the Captains of the several Towns : 

The above is order of Council and Assembly which you 
are forthwith to publish by beat of drum, & then set up on 
y**"" meeting house or other public place, that no person may 
plead ignorance, & bring on any after claims. Adjourned 
to the 2o^ inst. at 2 o'clock in the afternoon, at New Castle. 



At a Council and General Assembly, 
held by adjoiirnment, to this present 
Wednesday, 23'^ June, 169T. 
Present, John Hincks, Esq., Presid', 
Nath. Fryer, ) ^ W™ Vaughan, ) ^ 

Robt. Elliott, i ^^^^' Rich'' Waldron, ( ^^^^• 

[p. XXXVII.] Adjourned to-morrow morning, 10 of -the 
clock. 

At a Council and General Assembly, 
held by adjournment, this 21"" June. 
Present, John Hincks, Esq., Presid', 
Nath. Fryer, ) Nath. Waer, ) 

Robt. Elliott, } Esqs. W™ Vaughan, [ Esqs. 

Peter Coffin, ) Rich" Waldron, ) 

The committee appointed to receive all claims due to 
any person from the Province. The return was accord- 
ingly given to the Council & sent to the Assembly. The 
Council adjourned to-morrow morning, 10 of the clock. 



1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 61 

At a Council and General Assembly, 
held per adjournment to this present 
Friday, 25'" June, 1697. 
Present, John Hincks, Esq., Presid', 
Nath. Fryer, ) Nath. 'Wear, 

Peter Coffin, [ Esqs. W'" Vaughan, 

Robt. Elliott, ) Rich. Waldron, 

Treasurer Partridge, Esq., bringing in his 
formerly Treasurer of this Province) to the Council, they 
approving of said acco*'^ & balancing- the same, to be due 
■to tlic Province ll"" : 17 : 9; the same acco"^ being sent to 
the Assembly, and after perusal, the speaker returned them 
to this Board with their consent and approbation of the 
same. Adjourned to-morrow morning, 10 of the clock. 




At a Council and General Assembly, 
at New Castle, held by adjournment 
this 26^1' June, 1697. 
Present, John Hincks, Esq., Pres*, 
• Nath. Fryer, ) Nath. Wear, ) 

Peter Coffin, [ Esqs. W" Vaughan, [ Esqs. 

Robt. Elliott, ) Rich'J Waldron, ) 

A Bill sent up from y*" other House for raising money to 
defray the pubhck charge, the Council assenting thereto, 
and chose W"" Vaughan and Rich'' Waldron, Esqs., to join 
with two of the Representatives to draw a Bill for raising 
650^''^ in equal proportions to y*" respective towns, according 
to the last Province rate, & leave it to y*^ Assembly to 
choose two of their members accordingly. 

A Bill sent up from the other house for restraining the 
keeping of horses and horse kind, otherways than in the 
person's own inclosures. 

A Bill sent for repealing that part of an Act made in 
1694, relating to y° allowance of 1 public Houses and no 
more, in each town, — both past by President and Council. 



52 PROTINCE OF NEW-HAMPSHIRE. [1697. 

A Bill from y® other House about town bounds, with some 
amendments passed by the Council & sent to the other 
house for those Bills. Hen. Green and Nath* Wear, Esqrs., 
from this house, are appointed a Committee to join with 
two of the other house to draw up the Bills. Adjourned 
to New Castle, on Wednesday next, the BO'"^ instant, 2 
o'clock afternoon. 

At a Council held at New Castle, per 
adjournment, 30*^ June, with the 
Assembly. 
Present, John Hincks, Esq., Presid*, 
Nath. Fryer, ^ Nath> Wear, 1 

Sl?Sn ?; >Esqs. W- Yaughan, Usqs. 
Robt. Elliott, r ^ Rich^ wlldron, f 
Hen. Green, J J 

[p. XXXVIII.] Several Bills brought up from y° other 
house & returned with some amendments. Adjourned to- 
morrow, 10 o'clock. 

At a Council and General Assembly, 
per adjournment, Thursday, primo 
July, 1697. 
Present, Ut Supra. 
Bill sent up about altering of fees. The Council resolved 
no alteration to be made thereon for the present, & re- 
turned the Bill to the other house. 

Bill sent up from y^ other house about records, &c., 
returned to y® other house with this amendment : That all 
records of all kinds, belonging to this Province until the 
time of Lt. Govern' Usher's arrival, be deposited in the 
hands of Major W"' Vaughan, Esq., he giving copies to any 
that have occasion, taking y^ usual fees. 

Several Bills sent from y'' other house & returned with 
some amendments. Adjourned to-morrow morning, 10 
clock. 



1G97.] JOURNAL OF COUNCIL AND ASSEMBLY. 63 

At a Council and Assembly per 
adjournment, Friday 2'' July, 
1697. 
Present, Ut Supra. 
Several Bill sent up by y® other house & confirmed per 
y® Council and past into Laws (viz.): 

A bill to raise 650^''* subsistance, and pay of soldiers, 
&c. 

A bill for fettering of horses. 
A Bill additional about the excise. 
A bill about records. 

A bill for allowing more houses of entertainment. 
A bill about the prison, — all past into Laws. 
Two bills, as on file, about ferridges between Portsmouth 
and Province of Maine for Major Vaughan and Mr. Fryer, 
not past by Assembly. After the passing those several 
Laws, the President & Council prorogued the Assembly 
unto primo die September, 1697. 

Hen. Penny, Secr^'. 



At a Council and General Assembly held 
at New Castle, by prorogation, to this 
present Wednesday, primo 7''™, 1697. 
Present, Jno. Hincks, Esq., Pres*, 
Nath. Fryer, ) -^.^ Yauffhan ) 

SIT 2u^'!: ^'^'- Rich-^ Waldron, ^'^'- 
Robt. Elliott, ) ' ^ 

Whereas application has been made by the assembly to 
the President and Council, showing that whereas at y^ last 
sessions of the General Assembly, money was given for pay 
and subsistance of the Mattathusetts soldiers in his majes- 
ty's service in this Province, the 1^' instant, and y' none is 
yet paid, that the Treasurer may cause forthwith the sev- 
eral Constables throughout this Province to bring in the 
first part of each of their respective rates, that so the 



54 PROVINCE OF NEW-HAMPSHIRE. [1G97. 

Mathathuset soldiers be paid & dismissed, to lessen the 
Province charge.' 

Ordered, that Major W™ Yaughan, Treasurer, do forth- 
with send his warrants accordingly to each respective Con- 
stable in this Province to bring in y'' same by y® 10"' of 
this instant Tbris., otherwise they may expect the utmost 
severity of the Laws. 

In answer to a petition from the selectmen of Dover to 
the Presid', Council and Assembly, concerning David Ham- 
ilton's being town charge ; and therefore pray that what 
estate and movables the said Hamilton hath left, that the 
selectmen may have power to dispose of the same for the 
said Hamilton's subsistance : Public notice having been 
given to the relations of said Hamilton by order [p. xxxix.] 
of Council, that they should appear at this General sessions 
& Assembly, if they had any thing to object against said 
Petition, why it should not be granted ; but none appear- 
ing, 

Ordered, That the selectmen are hereby impowered to 
make sale of part or all the lands or other estate within 
the town of Dover belonging to the said Hamilton, and im- 
prove the same for his maintenance. 

Assembly prorogued to the 1*' Tuesday of October next. 



At a Council and General Assembly, 
by prorogation, held at New Castle, 
this present Tuesday, 5"' 8ber, 1607. 
Present, John Hincks, Esq. Presid', 
Peter Coffin, ) Wm. Vaughan, \ ^ 

Robert Elliott, [ Esqs. . Rich-^ Waldron, \ ^''^^' 
Nath. Weare, ) 
After the perusal and adjusting several acco"% and or- 
dered by the Council, the secretary to desire Lieut. Gov- 
ern'' Partridge to send to the Council the Commission & 
Instructions. Adjourned to 10 of the clock to morrow 
morning. 



1697.] JOURNAL OF COUNCIL AND ASSEMBLY. 55 

At a Council and General Assembly, 
per adjournment to this present 
Wednesday, Q'"" October, 1697. 
Present, Ut Supra. 
The Secretary delivered to the Council the Commission 
and Instructions as was ordered, and left it with y" Presi- 
dent. Robt. Elliott and Nath. Waer, Esqs., are appointed a 
Committee to join with two of the Gent, of the assembly by 
them chosen, to examine y® ace"* of all disbursements & 
service done within this Province, & to make report thereof 
to the Council & Assembly tomorrow, at 2 of the clock in 
the forenoon. The Assembly chose Mr. Atkinson & Mr. Mas- 
ton for the Committee, And adjourned to morrow 12 of 
the clock. 



At a Council and General Assembly, 
by adjournment, to the present Thurs- 
day, 7"' October, 1697. 
Present, Ut Supra. 
The committee appointed to examine y® claims & debts 
of the Province made return, as on file. The Council sent 
up for the whole Assembly and discourst with them about 
the acco"^ & for raising money to defray the Province 
charge : then the Assembly returned to consider of it, and 
sent up a Bill for raising 300^'^^ Adjourned tomorrow 
morning 10 of the clock. 



At a Council and Assembly, per ad- 
journment to this present Friday, S"' 
October, 1697. 
Present, John Hincks, Esq., Presid', 
Nath. Fryer, ] W™ Vaughan, J 

Peter Coffin, > Esqs. > Esqs. 

Pobt Elliott, ) Rich'i Waldron, ) 

The Assembly being sent for by President and Council, 
and they past these several Acts (viz.) : 



56 PROVINCE OF NEW-HAMPSHIRE. [1697. 

An Act for raising 300""* to defray the charge of the 
Province. 

An act for continuing the Impost and Excise, &c., to the 
S'"^ November, 1698. 

An Act about trespasses in cutting down trees,* &c. 

And then the Pres'dent and Council prorogued the 
Assembly to the last Tuesday in November next, at 2 of 
the clock in the afternoon. 



New Castle, At a Council and General 
Assembly, by adjournment to this pres- 
ent Tuesday, 30'^ November, 1697. 
Present, John Hincks, Esq., 
Nath. Fryer, ^ Hen. Green, ^ 

Peter Coffin, [ Esqs. W™ Vaughan, [ Esqs. 
Robt. Elliott, ) Rich'^ Waldron, ) 

[p. XL,] Ordered, that a General Day of Thanksgiving to 
Almighty God for his signal favors to us in our preservation 
from foreign invasions, & giving us a plentiful harvest, 
<fcc., and that the secretary give notice to the several min- 
isters in this Province, that Thursday, the 16*^ December 
next, is the day appointed for the same. 

Ordered, Major W™ Vaughan send two soldiers to Capt. 
Gerrish's his Garrison, at Dover, to reinforce the same. 
Then the Assembly was prorogued to the 2^ Tuesday in 
March next, at 2 in the afternoon. 



Prov. New Hamp. At a Council and General Assem- 

bly held at Portsmouth, the 28 De- 
cember, 1697. 
Present, 
The Hon'ble Wm. Partridge,* Lieut. Governor, &c., 
John Hincks, Esq., Pres*, 
Nath. Fryer, ) Hen. Green, ) 

Peter Coffin, V Esqs. W™ Vaughan, V Esqs. 
Robt. Elliott, ) Rich'i Waldron, ) 

• See Minutes of Council, p. 259. 



1C98.] JOURNAL OF COUNCIL AND ASSEMBLY. 57 

Tlie assembly men chosen and returned (viz.), For the 
town of Portsmouth, Capt. Jno. Pickring, Sam' Keis, Jno. 
Plaistead ; for Hampton, Capt. Hen. Dow, Benj. Fyefield, 
Lieut. Jno. Smyth ; for Dover, Joshua Cromwell, James 
Davis, W'" Furbur ; for Exeter, Sam' Levett, Jno. Foulsom ; 
for New Castle, Theodo. Atkinson and William Seavey. 

The Assembly chose Capt. Pickring their speaker and 
approved of. 

Ordered, a dedimus Potestatem be directed to Peter Cof- 
fin and Robt. Elliott, Esqs., to swear the Assembly. 

Returned and sworn accordingly, only Josh. Cromwel 
not appeared. 

Adjourned to morrow morning, 10 of the clock. 



At a Council and General Assembly, 
by adjournment, 29''^ December. 
Present, Ut Supra. 
Major W™ Yaughan & Rich'^ Waldron, Esqs., are ap- 
pointed by this Board as a Committee to join with two of 
the Assembly, to draw up an Address to his Majesty ; and 
the Assembly have chose Capt. Jno. Pickring, Mr. Jno. 
Plasteed to join. 

Ordered, that the sheriff have orders to send to Hampton 
for the choice of another Assemblyman instead of Benj. 
Fifield ; he being dismist. Adjourned to Portsmouth, 
Monday next, 3*^ January, 10 of the clock forenoon. 



Province of New Hamp. 

At a Council and General Assembly held at 
Portsmouth, Wednesday 5^^ January, 1697-8. 
I Present, Lieut Govern"^, 

John Hincks, Esq., the Presid*, 
Peter Coffin, ) -^ W"^ Vaughan, 



Hen. Green, \ ^'^^' Rxh'' Waldron, j ^^"l^- 
The Assembly chose Capt. Hen. Dow for their Speaker, 



58 PROVINCE OF NEW-HAMPSHIRE. [1G98. 

instead of Capt. John Pickriiig, he being absent, and said 
Dow was by the Lieut Govern'' approved of. 

Ordered, that upon a petition from John Partridge, of 
Portsmoutli, inno'',* setting forth his poverty and through 
weakness in his limbs not able to labor ; 

Ordered, that the Treasurer allow him forty shillings on 
his Exeise. 

[p. XL.] Ordered, that notice be given the Representatives, 
that the Council are of opinion that it may be proper for them 
to join with the Council in the Representation of the pres- 
ent state of affairs within this Province, to the Right Hon"* 
the Lords of his Maj'ty's most honorable privy Council 
appointed a Committee for trade and foreign plantations, 
whicli they accordingly did, as on file. 

Several votes passed by the Assembly and sent up to 
the Council, as they are all on file. 

Ordered, that the Secretary sign by order of Council, 
those several letters for the Lords of his Majesty's Council 
appointed a Committee for Trade and Plantations, &c. 
Both houses adjourned to the second Tuesday in Pebruary, 
next at 12 o'clock at noon. 



Province New Hamp. Portsmouth, 8"' February, 1G97. 

This day being the day whereto the Assembly were ad- 
journed, the extremity of the weather and the illness of 
several of the members of Council, that could not be a full 
Council. 

Wednesday, 9"* February. 
The remaining illness of the Council and extremity of 
bad weather, so none appearing present but 
The Lieut. Governor Partridge, 
Peter Coffin, Esq., Rich'^ Waldron, Esq. 
The Lieut. Governor sent up for those of the Assembly 
present, & they appearing, he told them for the reasons 

• Innkeeper? 



1698.] JOURNAL OP COUNCIL AND ASSEMBLY. 59 

aforesaid there could not be a full Couucil ; so nothing of 
any validity could be done then ; wherefore he adjourned 
them to the 2*^ Tuesday in March next, at Portsmouth, at 
12 of the clock at noon. Accordingly they were adjourned. 



Portsmouth. At a Council and General Assembly, 
by adjournment, to this present 8*^ March, 1G97. 
Present, Lieut. Govern'', 

Peter Coffin, -, ) p 

W" Vaughan, ^"^ Rich^' Waldron, \ ^^*^^- 
For want of a full Council adjourned to morrow morning. 



At a Council and General Assembly 
9"^ March, as by adjournment. 
Present, Lieut Govern'', 

Jno. Hincks, ) 

Peter Coffin, } Esqs. W'" Yaughan ) ^ 
Robt. Elliott, ) Rich^^ Waldron, \ ^^^^■ 

Lieut. Governor, Council and Assembly appointed 3 per- 
sons of each house for a committee to inspect those sev- 
eral Bills brought up from the Assembly, as on lile, and 
adjourned to morrow morning 10 of the clock. 



At a Council and General Assembly by ad- 
journment, to this 10'^ March, 1697. 
Present, Ut Supra. 
Some Bills sent up by the Assembly, as on file, & the 
committee appointed for the drawing up some bills, upon 
file. Adjourned to morrow 10 oclock, in the morning. 



Portsmouth. At a Council and General Assembly, by ad- 
jourimient to this present Friday, 11"^ March, 1697. 
Present as before. 
A return of the several bills being made by the commit- 



60 PROVINCE OP NEW-HAMPSHIRE. [1698. 

tee appointed to draw up, as on file, viz : Aliout encroach- 
ing on highways ; births and marriages ; and that of fees 
about highways. Constables, <fe altering the time for Courts, 
were sent to the Assembly ; and then the Lieut. Governor 
sent up for the whole Assembly, and for some reason dis- 
solved them and they are accordingly dissolved. 



Portsmouth. At a Council and General Assem- 
bly held this present Tuesday, S**" April, 1698. 
Present, Lieut Govern^ 
Jno. Hincks, Esq., Presid*, 
Nath. Fryer, ) 

Peter Coffin, } Esqrs.- W™ Yaughan, ) -n^^..^ 
Robt.Eniott, ) Rich'^ Waldron, j ^^^'^• 

A dedimus potestatem by the Lieut. Governor, to Peter 
Coffin and Eich'^ Waldron, Esqs. to administer the oaths to 
the Assembly according to Act of Parliament, and the 
Test, & accordingly was returned sworn, viz., for the Town 
of Portsmouth, Capt. Jno. Pickering, Mr. Jno. Plaistead, 
Mr. Sam^ Keis. For the town of Hampton, Capt. Hen. 
Dow, Lieut. Jno. Smyth, Mr. Jos. Swett. For the town of 
Dover, Capt. Jno. Tuttle, Lieut.W" Furber, and Lieut. James 
Davis. For the town of Exeter, Mr. Sam^ Leavett & Theo. 
Dudley; for the town of New Castle, Mr. Theodo. Atkin- 
son & W"" Seavey. The Lieut. Governor ordered the As- 
sembly to choose their speaker. Adjourned to morrow 
morning, 10 of the Clock. 



Portsmouth. At a Council and Gen- 
eral Assembly, by adjournment, to the 
present Wen'sday, 6'*' April, 1698, 
Present, as before. 
The Assembly presented Capt. Jno. Pickring for their 
Speaker and was approved of by the Lieut. Governor. 
Adjourned to morrow morning 10 of the clock. 



1698.] JOURNAL OF COUNCIL AND ASSEMBLY. 61 

At a Council and Assembly by adjournment 
to this present Thursday, 7**^ April, 1698. 
Present, Ut Supra. 
Mr. Duncan Campbell's petition to the Lieut. Governor, 
Council and Assembly for a continuance of what was given 
concerning the Post Office for its support, was read & sent 
to the Assembly by Mr. Plastead & returned, and would not 
allow any thing. 

Several bills returned to the assembly & assented to by 
the Lieut. Governor & Council, & three of this Board, viz., 
Peter Coffin, Major Vaughan and Ricli'^ Waldron, Esqs., 
appointed a Committee to join with 6 of the Assembly for 
drawing up the Acts. Adjourned to morrow morning, 10 
of the clock. 

At a Council and General Assembly, by 
adjournment, this present 8 April, 1698. 
Present as before except Mr. Fryer. 

The Committee having agreed to several Bills, were all 
past into Laws, viz : 

An act for the raising 400"^^ [p. xliil] towards the 
Province charge. 

An Act for regulating officers' fees. 

An Act about highways. 

An Act about constables. 

An Act about Births, Burials and Marriages. 

An Act about Courts. 

Then the Assembly were adjourned to the second Tues- 
day in June next, at Portsm°. 

13 June, 1698. So far are the Laivs foregoing, and Min- 
utes Council cf" Assembly, sent home for England, by Capt. 
Jno. Long. 



62 PEOVINCE OF NEW-HAMPSHIRE. [1698. 

Prov. New Hamp. 

At a Council and General Assembly held 
at Portsmoutli, 14 June, 1698. 
Present, Lieut. Govern'', 

John Hincks, ) Hen. Green, ^ 

Kobt. Elliott, } Esqs. Peter Coffni, I -p 

Nath' Fryer, ) W-^ Vaughan, ^ ^^^s. 

Richi Waldron, J 

Mr. Jno. Bridger's petition being read to this Board and 
sent to the assembly praying some assistance of men for 
a guard to him to view the woods to see what stoers are 
to be had for his majesty's use, he being commissioned 
thereto, and as by his petition on file. 

Ordered, by the Lieut. Govern'', Council and General As- 
sembly, that sixty men be forthwith raised in the several 
towns within this Province, with arms, horses, amunition & 
provision, to attend the service aforesaid, at time and place, 
when and where, the Lieut. Governor shall appoint, <fc that 
the said Bridger be from time to time Incoraged and as- 
sisted in this his maj'ty's service within this Province. 

A committee apointed by this Board to Join with two of 
the assembly to draw up a Letter to his Excellency the 
Lord Bellamont, and to acknowledge his favor in his last 
letter, <fcc., as on file. 

Committee appointed by this Board are W™ Yaughan 
and Rich"^ Waldron, Esqs. ; Committee from the Assembly, 
Mr. Jno. Plastead, Mr. Sam' Keis. And then tlie Lieut. 
Govern'' adjourned the assembly to the second Tuesday in 
August next. 



1698.] JOURNAL OP COUNCIL AND ASSEMBLY. 63 

Pro : New Hampshire. 

At a Council and General Assembly lield 
at Portsmouth by adjournment, to this 
present Tuesday, 9"' August, 1698. 
Present, Lieut. Govern'", 
John Hincks, ) W™ Vaughan, ) -p, 

Peter Coffin, [ Esqs. Rich'^ Waldron, ] ^^'1"" 

Eobt. Elliott, ) 

The petition of Rich'' Gerrish, commander of y° ship 
Benjamin, concerning the remitting his powder money be- 
ing read. Ordered, that he pay his powder money here as 
he did at Boston. 

Application being made to the Lieut. Govern'', Council 
and General Assembly, by Mr. John Bridgcr, &c., that In- 
coridgment may be given to the inhabitants of this Prov- 
ince for sowing of hemp the next season, in order to gain 
a right understanding what this Province may be able to 
produce of that kind towards the supply of his maj'ty's 
naval stores, 

Ordered, that the gentlemen [p. xliv,] of the Assembly 
do give notice hereof to the inhabitants within their re- 
spective towns, and endeavor the promoting so good a 
work tending to his maj'ty's service and tbeir own interest. 
Past by the Assembly. Theo. Atkinson, CI., 

Hen. Penny, Seer. 

The Lieut. Govern'' having sent up for the whole Assem- 
bly and demanding if at present they had anything farther 
to offer for his maj'tys service ; they answered. None. 

Then the Lieut. Govern^ adjourned them to tlie second 
Tuesday in October next, at Portsmouth, 12 of the clock 
at noon. 

Note. The paging of the " Journal of Council and Assembly," which 
follows, is in figures, as in the original record. 



64 PROVINCE OF NEW-HAMPSHIRE. [1699. 

[p. 1.] Province of | At a Council and General Assem- 
New Hamp'". \ bly held by adjournment at Ports- 
mouth, Lunae die, Aug* Septimo, 
anno 1699, 
being the first after the publication of his Maj*'*^^ Letters 
Pattents, dated the eighteenth day of June, in the ninth 
year of our Reign, unto his Excellency Richard, Earl of 
Bellomont,* Capt. General and Governor-in-chief of this 
Province. Ante Merediem. 

Present, 
His Excellency Richard, Earl op Bellomont, Capt. 
General, <fec., 

W™ Partridge, Esq., L* Govern'", 
John Hincks, ) p Robert Elliot, ) ^ 

Nath^ Fryar, \ ^^^^''^' Capt. Jno. Gerrish, \ ^^^^^^ 
■ Capt. John Pickerin, ^ 

Mr. Sam^ Penhallow, > For the town of Portsmouth. 
M-^ John Plaisted, ) 
Capt. Henry Dow, ] 

L* John Smith, > For the town of Hampton. 

L* Joseph Swett, ) 
M' James Randal and M' Theodore Atkinson for the 
town of New Castle. 

Capt. Jno. Tuttle, ) 

Capt. Jno. "Woodman, > For the town of Dover. 

M-- Nath. Hill, ) 

^J;:- Sri''f'l!l?"'"°^' ! Town of Exon [Exeter]. 



Mr. Moses Levett, 
Henry Green, of Hampton, Esq., prayed his Excellency, 
that in regard of his age, many infirmities and remoteness 
of habitation, he was very unfit to serve his Majesty as a 
member of Council,! he might therefore be dismissed; and 
was dismissed accordingly. 

* See Records of Council, Commission of Gov. Bellomont, pp. 305-312. 

t Henry Green, Esq., was one of the most prominent men of Hampton. See a 
biographical notice of him by Hon. S. D. Bell in Coll. N. If. Hist. Soc. Vol. 8, j^P- 374- 
377. In the Town Records of Hampton is the following entry: " Henry Green, Esq., 
aged above 80 years, for several years a member of the Council!, untiil by age he 
laj'd downe that place; but did it justice till he died, which was the 5 August, 
1700." — Ed. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY, 65 

His Excellency sends for the House of Representatives, 
who waited upon him ; he advised them to go to the house 
appointed for them to settle their House, choose their 
Speaker and present him at four o'clock this afternoon. 

Ordered that a writ of Dedinuis Potestatem be made out 
and y' the names of John Hincks and Robert Elliott, 
Esqrs., and Mr. Sampson Sheafe, Secretary, be inserted, 
and tiiey impowered to administer the oaths appointed by 
act of Parliament instead of the oaths of Allegiance and 
Supremacy, to every member of the House of Representa- 
tives ; and that they see them repeat and Test and sub- 
scribe the Association. The dedimus Potestatem was 
accordingly made out & signed by his Excellency & sealed 
with y'^ Province Seal. 

Adjourned till four o'clock in the afternoon. 



[p. 2.] Province of | At a Council and General Assem- 
Nevv Hanip'". j bly, held by adjournm', at Ports- 
mouth, Lunge die, Angus" Septimo, 
Anno lGi>9, Post Merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen', &c., 
William Partridge, Esq., L' Govern'', 
John Hincks, ) ^^ Robert Elliott, ) -r, 

Nath' Fryer, ^ ^''^'^- Capt. John Gerrish, \ ^''^'^■ 

The Committee impowered by writ of dedimus potesta- 
tem to administer the oaths appointed, <fec., unto all and 
every member of the House of Representatives, made y' 
return of their doings therein, as on file. 

The petition of Samuel Allen, Esq., about the reviveing 
Courts that his Processe may be continued, and no timber 
felled, was read. 

The Assembly or House of Representatives waited upon 
His Excellency at four o'clock this afternoon, and presented 
Mr. Samuel Penhallow to be their Speaker, and His Excel- 



66 PROVINCE OF NEW-HAMPSHIRE. [1G99. 

lency approved tlieir choice and made the following Speech 
to the Council and House of Representatives: 

EAKL Of BELLOMONT'S SPEECH. 

Gentlemen : — 

I have called you together at this time to give you an oppor- 
tunity of serving the common interests of your country by re- 
dressing the grievances the Province lies under, and, of making 
such Laws as may, by the blessing of God, establish you in safety 
and happiness for the time to come. I am very sensible of the 
great sufferings you sustained all this last war by this Province 
being a Frontier towards the Eastern Indians — a cruel and per- 
fidious enemy in their own nature, but tauglit and encouraged 
to be more so by the Jesuits and other popish Missionaries from 
France, who were not more industrious during the war to insti- 
gate their Indian disciples and proselytes (as they are pleased to 
call 'em) to kill your people treacherously, than they have been 
since the peace to debauch those Indians from their former snb- 
jections to the Crown of England, insomnch as at present, they 
seem to have departed from their, allegiance to the Crown and 
revolted to the French. I have taken such measures as quickly 
to find out whether those [p. 3.] Indians will return to their 
obedience to the Crown or no; if they do not, and that they com- 
mit any Hostilities upon you, I doubt not but find an easy way 
of subduing them. 

Upon the report of His Majesty's Engineer, whom I sent to 
view the Fort on the Great Island and the harbour of this Town, 
I find the situation is natnrally well disposed, but the Fort so vciy 
weak and nntenable that it requires the building a new substantial 
one to secure you in time of war. 

You will do well to take this matter into consideration as soon 
as may be. This Pi-ovince is well seated for trade, and your har- 
bor here on Piscataqua Kiver so very good that a fort to secure it 
would invite people to come and settle among you ; and as yon 
grow in numbers so will your trade advance and flourish, and you 
will be useful to England, which you ought to covet above all 
things, not only as it is your duty, but as also it will be for your 
glory and interest. 

Such a King as God hath blest you at present, and such a nation 
as that of England, ought to excite in us a noble ambition to be 
religiously faithful to the first, and zealously subservient to the 
latter. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 67 

I recommend to you, gentlemen of the House of Representa- 
tives, the providing for the necessary support of tlie Government, 
you being- best able to judge what the charge will be, and its be- 
longing to you of right to provide the means to defray that charge. 

Gentlemen: — You will do well to think of everything that may 
conduce to your own happiness and advantage, wherein you may 
depend on my concurrence with you, for I have all the disposition 
imaginable to do the King and this Country the best service I am 
capable of. 



The bill for revivcing and continuing of writs, processes, 
actions, suits, <fec., depending in the late Superiour Court of 
Judicature within this Province, and discontinued, &c., 
was read this day. 

Ordered, that a Bill for returning of Jurors to serve in 
the several Courts of Justice within this Province was 
read this daj. 

Ordered, that the Secretary do give notice unto Major 
W™ Vaughan and Major Joseph Smith, to appear at this 
board on Wednesday morning, ten o'clock, and that they 
bring the Ace'* of the treasury of this Province, committed 
to them. 

Adjourned till tomorrow morning, ten o'clock. 



Orders of the House. 
[Copied from MS. Minutes of the Assembly.] 
For regulating the House they have voted, 'that the following 
articles be observed, viz. : 

1. First. 
That every member of this Assembly that shall be absent att 
the time apointed for meeting, and att calling over, shall pay three 
pence to the Clark for every such defect. 

Secondly. 
That whosoever, by any misbehave in speech or action, justly 
oflFend any of the members of the House, he shall for the tirst be 
admonished ; the second, fined, as the House think meet. 



68 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Thirdly. 
That none shall speak twise, untill every man have liberty to 
speak once. 

Fourthly. 
That every member directs his speach to the Speaker, and not 
to another, and when they have a mind to speak to any case they 
ask leave of him to speak. 

Fifthly. 
That none smoak tobacco in the house after calling over, on Pen- 
alty of 3d for the Clerk. 

Sixthly. 
That the speaker shall have a casting vote, when there shall be 
an equal vote. 

Seventhly. 
That any member of the house shall have liberty to Enter his 
Decent from any vote without giveing any Reason thereof. 

Eighthly. 
That if the speaker be absent, the House may choose a speaker 
pro teiivpore, that the aftairs of the House may be carried on not- 
withstanding such vacancy. 

Ninthly. 
That if Any member after being Entered and Qualified, shall 
absent himself a day without leave from the House, he shall pay 
a fine of five shillings ; except he show to the house a sufltient 
Reason for his soe absenting. 

Tenthly. 

That if any member of this House shall be, by the major part 
of the House, thought unfitt and not qualified for 8"^ place, it shall 
be in their power to dismiss such Person, giving notise to the 
Town where he belonged to choose another to fill up such 
vacancy. 

Adjoui-^ untill the 8'^ inst., ten of the clock. 



1699.] JOURNAL OP COUNCIL AND ASSEMBLY. 69 

[p. 4.] At a Council and General Assembly, held by 

adjournment, at Portsmouth, Martis die, 
Aug. Octavo, Anno 1699, Ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen- 
eral, &c., 

Will™ Partridge, Esq., L*. Govern'", 
John Hincks, ) ^ Robert Elliott, ) -p ^ 

Peter Coffin, \ ^^^^- Capt. Jno. Gerrish, \ ^^^^• 

The Bill about reviveing the Supreme Court of Judica- 
ture read a second time. 

His Excellency proposes to the Council that he thinks 
they could not, with justice, proceed to a third reading of 
said bill until Colonel Samuel Allen, late Governor of this 
Province, be heard in answer to that part of said bill which 
reflects on the justice of his administration. 

Ordered, by his Excellency and Council, that Colonel 
Samuel Allen have notice to appear here in person or by 
his council, at four o'clock in the afternoon ; and that the 
petitioners, Mr. Richard Waldron and Major W™ Vauglian 
and Capt. Henry Dow, do also attend at the same time to 
make good the suggestions of their petitions, delivered 
in on Monday, 31^' of July past, against the said Colonel 
Sam' Allen, upon which petition the said bill is grounded. 
And it is also ordered that if Colonel Sam^ Allen requires 
it, he may have a copy of said petition and bill. 

The bill about the due qualification of Jurors read a 
second time. 

The bill forbidding holding any correspondence with, or 
assisting any person or persons fitted out of Scotland, and 
are said to have been settled in a certain place called Calle- 
donia, &c., read a second time. 

The petition of Samuel Comfort, L* of the fort, for 
salary, read. 
Adjourned till afternoon at three of the clock. 



70 PROVINCE OF NEW-HAMPSHIRE. [1699. 

[p. 5.] At a Council and General Assembly held at 

Portsmouth by adjournment, Martis dia Aug. 
octavo, Anno 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen- 
eral, &c., 

Will™ Partridge, Esq., L* Governor, 
John Hincks, ) -p Robert Elliott, ) t^ 

Nath' Fryer, j ^^'^^' Capt. John Gerrish, \ ^^*^'' 

The bill for the due qualification of Jurors read a third 
time. 

The said bill was passed by his Excellency and Council, 
and it is ordered to be carried to the House of Represen- 
tatives for y'' concurrence. 

A Letter from the Lords Com" of the Council of Trade 
and Plantations, relating to Mr. Charles Story negotiating 
the affairs of this Province in England, was read in 
Council. 

Ordered, That Colonel Sam' Allen, Mr. Richard Wal- 
dron, Major "William Vaughan and Capt. Henry Dow be 
desired to appear at this Board to-morrow morning at ten 
of the clock precisely. 

Adjourned till to-morrow morning ten of the clock. 



At a Council and General Assembly held at 
Portsmouth by adjournment, M'^curii die 
Aug. nono, Anno 1699, ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 

John Hincks, ) Robert Elliott, ) ,, „ 

Nath' Fryer, Esqs. Capt. Jno. Gerrish, l^'"^'' 
Peter Comn, ) ^ ' ■' 

Major W™ Vaughan and Major Joseph Smith appeared 
according to notice given them, and presented their acco"* 
as Treasurers of this Province. 



1699.] JOURNAL OP COUNCIL AND ASSEMBLY. 71 

Ordered, that the said acc"^ be committed and referred 
to the examination and audit of John Hincks, Robert El- 
liott, Esqs., members of his Majesty's Council, and that 
Rich*^ Waldron, Esq., be added to said committee. 

[p. 6.] Colonel Samuel Allen, with his Council, accord- 
ing to notice given, appeared before his Excellency and 
Council, to answer to the reflections contained in the bill 
about reviveing and continuing of writs and processes, &c., 
and also the merits of said bill ; and to the petition of 
Richard Waldron, Esq., Major W'" Vaughan and Capt. 
Henry Dow, upon which said petition is Grounded. 

The petitioners with their Council appeared before his 
Excellency and Council at the same time, and being heard 
severally to said petition and bill, his Excellency desired 
the said parties with their council to withdraw, and de- 
clared to them that was offered by their council on both 
sides should be considered. 

The House of Representatives, by the hands of Capt. 
Henry Dow and M' Theodore Atkinson, their messengers, 
presented the following answer to his Excellency's speech, 
and also at the same time returned the bill entitled An 
Act for choosing and returning of Jurors to serve in the 
several Courts of Justice within this Province, with amend- 
ment. 

The House of Representatives their answer to his Excel- 
lency's Speech : 
3Iay it please your Excellency, — 

Wee, His Maj'tys mosl dutiful and loyal subjects, t]ie Eepre- 
sentatives of this his Maj'tys Province, cannot omit a most orate- 
full acknowledgement of your Lordi'P" favor, declared in your 
speech to this Assembly, wherein your Lord'''' hath been pleased 
to express so great a kindness towards us, so deep a sense of our 
late sufferings and present condition, and so tender a reguard to 
our future welfare, that our hearts are filled with an entire joy 
and satisfaction, for that alsoe we now see your Lord'''" presence 
has already dispersed those dark clouds of late impending, par- 
tendous of our ruin and destruction, and given us a fair prospect 
of a serene and happy day. 



72 PROVINCE OF NEW-HAMPSHIRE. [1G99. 

As to the several paragraplis in your Lord''i'* speech they are 
now under cousidei-ution, and we shall follow your Lord"''' direc- 
tions therein, resolving in all things according to our best under- 
standing, to behave ourselves as becomes his maj'ty's most dutiful 
and Loyal subjects, and your LordPP'' most faithful and obedient 
servants. 

Adjourned till three o'clock afternoon. 



[p. 7.] Att a Council and General Assembly held at 

Portsmouth, by adjournment, Mecurii die, 
Aug. nono, 1609, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &g., 
John Hincks, \ Peter Coffin, I -^ 

Nath' Fryer, S Esqs. Capt. Jno. Gerrish, j ^ 
Robert Elliott, ) 

There being a vacancy in the Council by reason of Henry 
Green, Esq., his desire to be discharged and dismissed 
from said service by reason of his age and infirmities, and 
remote habitation, was accordingly dismissed ; his Excel- 
lency was pleased to appoint Richard Waldron, Esq., to be 
one of the Council in the room of Henry Green, Esq., and 
to take the oaths enjoined. 

Richard Waldron, Esq., accordingly in Council took the 
oatlis appointed by act of Parliament instead of the Oaths 
of Allegiance & Supremacy, repeated and subscribed the 
Test, and subscribed the Association, and took the oath of 
a Privy Councellor. 

The petition of John Cross, a soldier at the fort, for 
wages, was read. 

Ordered, that the consideration of said Petition be de- 
ferred till Major W'" Vaughan and Major Joseph Smith, 
late Treasurers', ace"' are stated. 

The petition of James Phillipps, soldjer at the fort, for 
wages was read. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 73 

Ordered, that said petition be deferred until Major W'" 
Yauglian and Major Joseph^Smitli, late Treasurers', ace"* be 
audited. 

The Bill entitled an Act for Establishing Courts of Pub- 
lick Justice within this Province hath been three times 
read, consented to by the Council, and sent to the House of 
Representatives for concurrence. 

The Bill entitled an Act choosing and returning of Ju- 
rors to serve in the several Courts of Justice, sent up by 
the House of Representatives, with amendm*, was read, 
and his Excellency observing that in the said bill the free- 
holders of the respective towns are to make choice of Ju- 
rors by virtue of warrants directed to them from the Jus- 
tices of the respective courts, is contrary to the practice of 
England, where the sheriffs return Jurors ; he is therefore 
of opinion that for the more exact [p. 8.] conformity to 
the Laws and practice of England, it will be best the said 
committee prepared the said bill, do prepare a new bill, 
wherein the sheriffs shall have the care and charge of re- 
turning and impanueling Jurors ; to which the Council do 
consent. 

His Excellency proposes to the Council that it will bo 
expedient that there be an humble address prepared to be 
presented in the names of his Excellency, Council and 
House of Representatives unto his maj'ty, to assure his 
maj'ty of their inviolable duty and affection to his Maj'ty's 
person aud Government^ to which the Council do consent; 
and it is committed to John Hincks, Robert Elliott and 
Richard Waldron, Esqs., to prepare said bill. 

Adjourned till to-morrow morning, ten o'clock. 



74 PROVINCE OP NEW-HAMPSHIRE. [1C99. 

At a Council and General Assembly, held 
at Portsmouth, by adjournment Jovis die, 
Aug'" decimo, anno 1699, ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen" <tc., 
John Hincks, ] Peter Cofhn, ^ 

Nath' Fryer, [ Esqs. Capt. Jno. Gerrish, > Esqs. 
Robert Elliott, ) Ricli*^ Waldron, ) 

The bill for establishing Courts of Judicature within this 
Province sent down to the House of Representatives by 
Rich'' Waldron, Esq., for their concurrence. 

An address of the House of Representatives relating to 
the fortifications read. 

An address of the House of Representatives complaining 
of the late Governor Sam' Allen, Esq., and persons in of- 
fic3, read. 

The address complaining of the Late Gov'' Sam' Allen, 
Esq., and persons in office, by him put in, referring to the 
gentlemen of this present Council for further information : 

His Excellency orders the said address be delivered unto 
them for to direct them tlierein. 

Adjourned till three o'clock, afternoon. 



[p. 9.] At a Council and Gen" Assembly held at 

Portsm°, by adjournment, Jovis die, Aug'" 
decimo. Anno 1699, Post Merediem. 
Present, 
His Excellency, Richard Earle of Bellomont, Capt. Gen" &c., 
W" Partridge, L' Govern-", 
John Hincks, )' , Peter Coffin, ) ^ 

Nath. Frver, [ Esqs. Capt. Jno. Gerrish, j ^^^l^' 
Robert Elliott, ) 

Nath' Fryer, Esq., moved that the inconvenience of 
heaving out ballast in this River might be considered. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 75 

Tlie Bill for Establishing Courts of Publick Justice within 
this Province, returned from the House of Representatives 
for amendm'. The said bill was amended and returned to 
the House of Representatives for their concurrence. 

Adjourned till to-morrow morning at nine of the clock. 



At a Council and Gener" Assembly held at 
Portsm" Ven* die, Aug"' Undecimo, Anno 
1690, Ante Merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. 
Gener", &c., 

W™ Partridge, Esq., L* Govern"", 
John Hincks, ^ Peter Coffin, ) 

Nath' Fryer, V Esqs. Capt. John Gerrish, > Esqs. 
Robert Elliott, ) Rich. Waldron, ) 

The Act to return able and sufficient Jurors to serve in 
the sevei^' Courts of Justice, and to regulate the election 
of Representatives, to serve in the Gener" Assembly within 
this Province, was amended, read and sent by the hands of 
Richard Waldron, Esq., one of the Council, unto the 
House of Representatives for their concurrence. 

[p. 10.] His Excellency observing that the Superiour 
Court of Judicature, according to the present establish- 
ment, will not come in course until the second Tuesday in 
February next, and to the intent that the suitors in the 
late Supreme Court of Judicature within this Province, to 
have been holden by adjournment on the first Tuesday of 
this present month of August, and discontinued by his Ex- 
cellency's arrival and entrance upon the Government, ma}'" 
not be prejudiced by our long delay : His Excellency pro. 
poses that provision be made by Act of Assembly that the 
said Superior Court, pro hac vice, be held at a shorter day 
for the hearing and trying of the causes and suits depend- 
ing in the said Supreme Court, discontinued by means 



76 PROVINCE OF NEW-HAMPSHIRE. [1699. 

aforesaid, and that this matter be referred unto the con- 
sideration of the board until the sitting of the Council in 
the afternoon. 

The House of Representatives returned the bill to re- 
turn able and sufficient jurors, &c., with the desire that 
there maybe these additions thereto: viz., That the Grand 
jurors may serve one year, and that all Town Clerks may 
be sworn. 

Adjourned till three o'clock this afternoon. 



At a Council and Gen" Assembly held at 
Portsm", by adjournment, Ven"'* die, Aug"' 
undecimo, Anno 1699, Post Merediem. 
Present, 
His Excellency Richard Earle of Bellomont Capt. Gen", &c., 
W" Partridge, Esq. L' Govern'', 
John Hincks, ) -r, Peter Coffin, ) 

Nath' Fryer, \ ^^^^^' Capt. John Gorrish, [ Esqrs. 

Richard Waldron, ) 

The bill to return able and sufficient Jurors, &c., sent up 
by the House of Representatives, with two additional 
clauses. The said clauses were thrice read, consented to 
by the Council, and sent to the House of Representatives 
for their concurrence. 

[p. 11.] A Bill for restraining and punishing privateers 
and Pirates having been sent to the House of Representa- 
tives for their concurrence, is passed by the Representa- 
tives and ordered to be ingrossed. 

The House of Representatives sent up a message, to 
crave that they might have the Treasurer's ace*'*, to act as 
the affairs may require. 

Adjourned till to morrow morning, 9 o'clock. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 77 

At a Council and Gen" Assembly held 
by adjournment, at Portsm", Sabti die, 
Aug. duodecimo, Anno 1G99, ante 
merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W" Partridge, Esq, L* Govern'", 
John Hincks, ^ Peter Coffin, ^ 

Nath. Fryer, > Esqrs. Capt. John Gcrrish, ^ Esqrs. 
Robert Elliott, ) Rich'^ Waldron, ) 

John Hincks, Robert Elliott and Richard Waldron, Esqs., 
being appointed a committee, to examine and auditt the 
acc"^ of the late Treasurers, Major W"" Vaughan and Major 
Joseph Smith, made their report to this board. 

Ordered, that Richard Waldron, Esq., carry their return 
to the House of Representatives and desire them to dis- 
patch. 

A vote brought from the House of Representatives by 
the hands of Capt. John Tuttle, for setting of town bounds, 
was read. 

His Excellency acquainting L* Governor W'" Partridge, 
Esq., that he is accused by John Usher, Esq., late L' Gov- 
ern'" of this Province, of a force or riot committed by him 
the said L'. Govern'" Partridge, in opposing M"^ Usher, who 
was at that time commander, from the Right Hon**'*^ the 
Lords Com'"^ of the Council of Trade and Plantations, ex- 
pressed in their Lord""''^ Letters of the third of Aug' 1697, 
relating to this his maj'ty's Government ; For a further 
account whereof, his Excellency refers L' Gov"" Partridge to 
a memorial delivered his Excellency by M"" Usher, [p. 12.] 
the 31^* of July last past, and dated the same day, which 
memorial his Excellency now delivers him, in order to his 
the said L* Governor making answer to the charge therein 
contained. 

His Excellency also delivers John Hincks and Rich'' 
Waldron, Esqrs, members of his maj'ty's Council, a memo- 



78 PROVINCE OF NEW-riAMPSHIRE. [1699. 

rial of M"" Ushor, bearing date also the 31"* of July last 
past, and delivered his Excellency by M' Usher at the same 
time with the above memorial, wherein the said Mr. Hincks 
and Mr. Waldron, with others, are charged with high mis- 
demeanors. His Excellency declaring that he thinks fit to 
deliver them the said memorial, that they may prepare 
their answer to M' Usher's charge against them. 

His Excellency also acquaints L' Govern"" Partridge, Jno. 
Hincks, and Richard Waldron, Esqrs., that he hath some 
orders, from the Right Hon''^'' the Lords Com'"^of the Coun- 
cil of trade and plantations, contained in a Letter from 
their LordPP% bearing date the 26"^ of Aug**, 1697, con- 
cerning certain complaints exhibited by Mr. LTsher against 
them to their said Lord''^', which said Letter his Excellency 
hath brought with him ; but hath unhappily left at Boston 
two papers sent by their Lord''^* and inclosed with the same 
letter as also referred to therein. And His Excellency, 
finding a want of those two papers, advises L* Govern"" Par- 
tridge, and the other two Gentlemen aforesaid, to suspend 
the drawing up the Answers until his Excellency's return 
to Boston, from whence he will give them full Instructions 
what their Lord^^* orders are, and what is expected from 
the L' Govern'' and Gentlemen above named. 

Adjourned till 3 o'clock afternoon. 



At a Council and Gen" Assembly held 
by Adjour*, at Portsm° Sabti. die Aug*^ 
duodecimo. Anno 1699, Post mere- 
diem. 

Present, 

His Excellency Richard Earle of Bellomont, Capt. Gen", etc., 

W" Partridge, Esq., L* Govern'", 

John Hincks, ) ^ Caj)t. John Gerrish, } -p, 

Peter Coffin, \ ^^^^'^- Richard Waldron, j ^^'^'^• 

Adjourned till 9 o'clock, Monday morning. 



1699.] JOURNAL OP COUNCIL AND- ASSEMBLY. 79 

[p. 13.] At a Council and Gen'^ Assembly held l^y 

adjournment, at Portsm", Lunau die, Aug' 
14"\ Anno 1G99, Ante merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W" Partridge, Esq., L* Govern^, 
John Hincks, } ^ Peter Coffin, ) 

Nath' Fryer, j^'^^l^^' Robt. Elliott, [ Esqrs. 

Rich^' Waldron, ) 
His Excellency produced an Address which he had drawn 
up to his Maj'ty in behalf of himself, the Council and 
House of Representatives, and that upon the heads dis- 
coursed of between himself and the gentlemen of the Coun- 
cil, and they approving thereof, M'^ Waldron is appointed 
to carry down the same to the House of Representatives, 
for their concurrence. Adjourned till 3 o'clock afternoon. 



At a Council and Gen" Assembly held by ad- 
journment at Portsm", Lunge die, Augt. 14"', 
Anno 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W"' Partridge, Esq., L* Governor, 
John Hincks, J Peter Coffin, J 

Nath' Fryer, > Esqrs. Capt. Jno. Gerrish, > Esqrs. 
Robert Elliott, ) Richard Waldron, ) 

His Excellency observing to the Council that the excep- 
tion of the House of Representatives to the acc"^ of Major 
W"' Vaughan and Major Joseph Smith, late Treasurers, is 
General ; is therefore of opinion that a messuage be sent 
to the House of Representatives to desire them to explain 
themselves in showing which articles in the said accounts 
they except against as insufficient; to which the Council 
do agree ; and Rich'^ W^aldron, Esq., is desired to carry the 
said messuage to the Representatives, which he accordingly 
did. 



89 PROVINCE OF NEW-HAMPSHIRE. [1699. 

A Bill for reviveing and continuing of writs, Process, 
actions and suits, &c., depending in the late Supreme Court 
of Judicature, read the third time, passed, and sent down 
to the House of Representatives for their concurrence. 

Adjourned till to-morrow morning o'clock. 



[p. 14.] At a Council and Gen" Assembly held by 

adjournment, at Portsm" Martis die, Aug. 
15"', Anno 1699, Ante merediem. 
Present, 
Ilis Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W™ Partridge, Esq., L* Govern^ 
John Hincks, ^ Peter Coffin, ) 

Nath' Fryer, > Esqrs. Capt. Jno. Gerrish, > Esqrs. 
Robert Elliott, ) Rich-i Waldron, ) 

His Excellency produces a former Great Seal of this Prov- 
ince, which he rece*^ this day from the hands of Sam' Allen, 
Esq., late Govern'', and which he caused to be cut in two 
and defaced, pursuant to his Maj'ty's warrant bearing date 
the tenth day of June, 1699, in the tenth year of his 
Maj'ty's Reign ; and the silver of the said former Seal, his 
Excellency hath delivered to the Secretary to be restored 
to Sam' Allen, Esq., aforesaid. 

His Excellency doth also deliver to W"' Partridge, Esq., 
L* Govern'', a new great scale lately sent to his Excellency 
from England ; and orders that the Secretary do enter his 
Maj'ty's warrant in the Council Book, authorizing and 
commanding the use of the said scale within this his 
Maj'ty's Province ; which warrant bears date as aforesaid. 

[Seal.] . William R. 

To our Right trusty and well beloved cosin, Richard Earle of 
Bellomont, our Govern'' and Comander-in-chicf ofour Province of 
New Hampshire, in New England, in America; and to our L* 
Govern'' and ComanMn-chiefe of our said Province, for the time 
being, Greeting: with this you will receive a Seal, prepared by 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 81 

our order for the use of the Government of New Hampshire ; 
which Seale is engraven with our Arms, Garter, Supporters, 
Motto and Crown; with this Inscription around y'^same: Sig. 
Province Nostr^e de Nov. Hamptonia in Americ: and our will 
and pleasure is, and we do hereby authorize you and our L' Gov- 
erns or comander-in-chiefe [p. 15.] of our said Province, for the 
time being, to affix the said Seale to all patents and grants of Land, 
and to all Publick acts and Instruments of Governm' which shall be 
made and passed in our name, within our said Province ; and that 
it be to all intents and purposes of the same force and validity as 
any former Seale appointed for the public use of the Government 
in our said Province, hath heretofore been ; which former Seals 
are not to be further made use of or affixed to any public acts or 
Instruments whatsoever, but to be defaced and broken. 

Given at our Court at Kensinton, the tenth day of January, 
1699, in the tenth year of our Reign. 

By his Maj'ty's command, 

Ja. Vernon. 

Capt. John Pickering brings a messauge from the House 
of Representatives in writing, desiring that y^ exceptions to 
the late Treasurer's acc"^ which he brought with him, set 
down in a paper, might be considered of by his Excellency 
and Council. 

His Excellency produces an Address to the King ; which 
he signs and which also the L' Govern'' and Council do 
sign ; and the speaker with the House of Representatives 
signing the same. The Council and House of Representa- 
tatives request His Excellency that he will take care that 
the said Address be humbly presented to his Maj'ty. 

Mr. Joseph Horn, Council for Sam' Allen, Esq., and Mr. 
Thomas Newton and Mr. Charles Story, Council for Rich'' 
Waldron, Esq., W™ Vaughan, Esq., Capt. Henry Dow and L* 
Sam' Levett, do appear here before his Excellency and Coun- 
cil, and consent and agree that the sever" causes depending 
between the said parties, and were to be tried the first of this 
instant month of August, at an adjournment of a Supreame 
Court of Judicature, shall proceed to trial at the next Su- 
periour Court to be held at Portsm" the second Tuesday in 



82 PROVINCE OF NEW-HAMPSHIRE. [1699. 

February next, and subject to the same rule entered into at 
the adjournm' of the Supreame Court in May last. 

[p. 16.] A petition from Mr. James Mountess is delive*^ 
to his Excellency by Mr. Thomas Newton, complaining of 
the seizure made of the ship Hopewell and cargoe. 

Adj*^ till 3 o'clock afternoon. 



At a Council and Gen" Assembly held at 
Portsm", by adj', Martis die, Augt. 15*^, 
Anno 1699, Post merediem. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen- 
er", &c., 

W" Partridge, Esq., L* Govern', 
John Hincks, ) ^ Robert Elliott, ) 

Peter Coffin, ) ^ * Capt. Jno. Gerrish, \ Esqrs. 

Rich'i Waldron, ) 
Ordered, that the Secretary doe acquaint Sam* Allen, 
Esq., that his Excellency and Council, having called for the 
public ace*'*' in order to do the country right, and it appear- 
ing in Major Smith's acc"^ that there was to the value of 
thirty and nine pounds, seventeen shillings, four pence, ex- 
pended in provisions for his Excellency's reception, which 
provisions major Smith saith were delivered to himself; 
his Excellency and Council do report that he will either 
deliver up and restore the same provisions in kind, or re- 
fund the money that they cost, into the hands of the said 
Joseph Smith, to be disposed of as his Excellency, Coun- 
cil and House of Representatives shall think fit ; also to 
acquaint him that the House of Representatives as well as 
his Excellency and Council, have taken notice, and com- 
plained of this among other articles in Major Smith's acc"% 
as a misapplication of the publick money. 

Mr. James Randell brought up from the House of Rep- 
resentatives a bill entitled an Act for a tax or assessm' 



1699.] JOURNAL OP COUNCIL AND ASSEMBLY. 83 

of five hundred pounds, to which they desire the concur- 
rence of this board, which hath beea twice read. 

Adjourned till to-morrow morning, at nine of the clock. 



[p. 17.] At a Council and Gener" Assembly, held 

by adjournm', at Portsm", decimo sexto 
die Aug*, Anno Dmi. 1699. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. 
Gener", &c., 

W" Partridge, Esq., L' Govern", 
John Hincks, \ Peter Coffin, ) 

Nath' Fryer, [ Esqs. John Gerrish, > Esqs. 
Robert Elliott, ) Rich'' Waldron, ) 

His Excellency having been addressed by the house of 
Representatives to remove Mr. Sampson Sheafe from the 
place of Secretary of this Province : first as it is inconsis- 
tent with his Deputy collector's place, and as he is an in- 
digent person, and much in debt ; and being accused by 
the House of Representatives for taking exorbitant fees ; 
and his Excellency having had a general ill character of 
the said Mr. Sheafe from the gentlemen of the Council and 
other persons, His Excellency declares that he is, for the 
reasons aforesaid, prevailed upon to remove him, the said 
Mr. Sheafe, from the Secretary's place of this Province ; 
and the rather, because he understands Mr. Sheafe held not 
the same by patent or Commission from his Maj'tys, but 
was put into that imployment (1) by Colonel Sam' Allen, 
late Governor of this Province, and his Excellency desires 
Richard Waldron, Esq., a member of this Board, to do & 
perform the office of Secretary for the present, until 
another fit person shall be named & appointed thereto. 

The bill entitled an Act for the tax or assessm' of five 

(1) See Vol. II, p. 2T8. 



84 PROVINCE OF NEW-HAMPSHIRE. [1699. 

hundred pounds was read a third time and past by y** 
Council and ordered to be ingrossed. 

A Bill entitled an Act for continuing several rates and 
duties of custom, excise, impost and powder money, or 
Tunnage of shipping, was brought up by the hand of James 
Randle from the House of Representatives, & being thrice 
read was past by y*' Council & ordered to be engrossed. 

L* Govern"" Partridge delivers ail Address to his Excel- 
lency, signed by the Council and House of Representatives, 
containing a vindication of the said L* Governor, and of 
John Hincks, W™ Vaughan and Richard Waldron, Esqs., 
from the unjust aspersions [p. 18.] thrown on them by 
John Usher, late L* Govern'' of this Province, in two sev- 
eral papers, delivered by him the said John Usher, Esq., 
to his Excellency, the 31'* of July last past. 

Mr. Joseph Smith appearing before his Excellency and 
Council, and acquainting them that he had in obedience to 
their order of yesterday been with Colonel Allen, and 
brought such of the provisions as were left of those which 
were pretended to be bought for his Excellency's reception, 
his Excellency and Council do order, that he the said Mr. 
Smith, do go and acquaint the House of Representatives 
thereof, and do receive their directions therein, and Robert 
Elliott, Esq., is desired to accompany the said Mr. Sheafe 
[Smith ?] to the House of Representatives and let them 
know that his Excellency and Council do conceive it proper 
that that affair be submitted to their cognizance. 

Adj'' till to-morrow morning, 7 o'clock. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 85 

At a Council and Gener" Assembly, held by 
adjournment, at Portsm°, decimo septimo die 
Aug', Anno Dmi. 1699. 
Present, 
His Excellency Richard Earle of Bellomont, Capt. Gen", &c., 
W™ Partridge, Esq., L* Govern^ 
John Hincks, ] Peter Coffin, j 

Nath' Fryer, > Esqs. John Gerrish, > Esqs. 

Robt. Elliott, ) Rich-^ Waldron, ) 

John Hincks and Robert Elliott, Esqs., signed and 
swore severally to depositions in writing, relating to the 
Barque Hopewell of Jersey, whereof James Mountess, mer- 
chant, is owner, and the said depositions was delivered to 
his Excellency. 

Mr. Sampson Sheafe presents his acc"^ to tlie Board for 
the time he was employed as Secretary of the Province by 
Gov'' Allen. 

Ordered, that the said ace*** be referred to the Examina- 
tion and Audit of John Hincks, Robert Elliott and Richard 
Waldron, Esqs., and that satisfaction be made the said 
Sampson Sheafe in all his just demands. 

[p. 19.] A messuage from the House of Representa- 
tives, in writing, by the hand of Nath' Hill, a member of 
said House, was presented and read at the board, humbly 
praying that his Excellency would be pleased to appoint 
and commissionate such a number of y'^ Hon'''^ Council as 
he shall think fit, to be joined with Mr. Sam' Penhallow, 
Capt. John Plaisted, members of tlie House of Represen- 
tatives, to take and state the Publick acc"^ from the day 
that John Usher, Esq., took upon him the Governm' of this 
Province, and that publick notice be given by the said 
commissioners to the inhabitants of the respective towns, 
to bring in their sever" claims at time and place as they 
shall direct. 

His Excellency approving of the said motion, nominated 
and appointed John Hincks, Robert Elliott, and Rich- 



86 PROVINCE OF NEW-HAMPSHIRE. [1699. 

W'aldron, Esqs., to be com" with those named by the Rep- 
resentatives for the affair aforesaid. 

Ordered, that Mr. Sampson Sheafe, late Secretary, de- 
liver up all Books, writings and files of the publick records 
belonging to this Province, into the hands of Mr. Charles 
Story, now appointed to that office ; and that a catalogue 
and inventory of the same be first made by way of Inden- 
ture, one part thereof to be signed by the s*^ Sampson 
Sheafe, and the other part by the s*^ Charles Story. 

Several acts having passed both Houses, were consented 
to by his Excellency the Govern"", and by him signed 
accordingly, viz. : 

An Act for restraining and punishing Privateers and 
Pirates. 

An Act to return able and sufficient Jurors to serve in 
the several Courts of Justice, and to regulate the election 
of Representatives to serve in the General Assembly within 
this Province. 

An Act for a tax or Assessm* of five hundred pounds. 

An Act for Establishing Courts of publick Justice within 
ys Province. 

An Act for continuing several rates and duties of Cus- 
tom, Excise, Impost and Powder money, or Tonnage of 
shipping. 

After which his Excellency was pleased to prorogue the 
Assembly to Monday, the 18"' of Sepf next. 



[p. 20.] At a Council and Gener" Assembly, held 

at Porstni" by proroga*, the 18"" day of 
Sepf, Anno Dmi. 1699. 
Present, 
William Partridge, Esq., L* Govern"", 
John Hincks, Esq., Robert Elliott, Esq., 

Richard Waldron, Esq. 
Two of the Council being sick, and there not being a 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 87 

quorum, the L* Govern'' thought fit to send Richard Wal- 
dron, Esq., to the house of Representatives as a messen- 
ger, to desire the House to come to this Board. 

The House of Representatives appeared. 

The L* Govern^ acquainted them that he adjourned them 
till Tuesday, the seventh of November, 1699. 



At a Council and Gen" Assembly, held at 
Portsm" by adjournment, the 7'*' day of 
November, Anno Dmi. 1699, Post mere- 
• diem. 

Present, 
W" Partridge, Esq., L' Govern"" & CoraandMn-Chiefe, 
John Hincks, ^ Peter Coffin, ) 

Nath' Fryer, > Esqs. Jno. Gerrish, V Esqs. 
Robert Elliott, ) RichnValdron, ) 

Mr. Charles Story, the Secretary, was sent by the L' 
Govern"" to call the House of Representatives to this Board, 
which accordingly came ; and His Honor delivered to Mr. 
Speaker some papers in writing, acquainting him it was all 
at present he had to say to them for his Maj'ty's service. 

The L' Govern"" moved to this Board that there might be 
some care taken for a common Goale in this Province, the 
present goale not being fit to confine prisoners in winter 
time. 

Richard Waldron, Esq., was sent by the L* Govern"" as a 
Messuage to the House of Representatives, to acquaint 
them that John Plaisted, Esq., and Capt. John Pickering, 
not being in the House of Representatives at present, and 
they being two of the com""' [p. 21.] for stating the Publick 
acc"^ of this Province, they could not proceed any further 
about said ace"' to night ; but if said Plaisted and Picker- 
ing did not come to the said House of Representatives to- 
morrow morning, then they would proceed further therein. 
Adjourned till to-morrow morning, ten of the clock. 



88 PROVINCE OF NEW-HAMPSHIRE. [1699. 

At a Council and Gen" Assembly, held at 
Portsm° by adjournment, the eighth day of 
Nov% Anno Dmi. 1699, ante merediem. 
Present, 
The hon"« W°^ Partridge, Esq., L* Govern^ 
John Hincks, ) ^ Robert Elliot, } ^ 

Nath. Fryer, \ ^^^^' John Gerrish, j ^''^^^ 

Richard Waldron, Esq. 
Whereas the committee for stating the Public acc"^ of 
this Province, brought before this board the said ace''*, 
Ordered that Richard Waldron and Robert Elliott, Esqs., 
carry the said ace'*-'' to the House of Representatives, in 
order that they may peruse the same. 

Adj*^ till nine o'clock to-morrow morning. 



At a Council and Gen" Assembly, held at 
Portsm" by adjourn, the 9"" of Nov'"', Anno 
Dmi. 1699,(1) ante merediem. 
Present, 
The Hon''"' W'^^ Partridge, Esq., L' Govern', 
John Hincks, | ^ Peter Coffin, ) y 

Nath' Fryer, \ ^^^^' Jno. Gerrish, j ^^^^• 

Rich*^ Waldron, Esq. 
A petition of Eliz. Harvey was read relating to her hav- 
ing abatement of excise, by reason she keeps the post 
office. 

Ordered, that the Secretary give notice by writing to the 
Treasurer that said Mrs. Harvey be exempted from paying 
any excise for Beer, ale, or cider, according to the laws of 
this Province, so long as she keeps the post office. 

(1) [Copied from MS. Minutes of the House.] 

Not. 9, 16011. Voted, That a strong logg house be built in the Province for a 
Prison, of thirty foot long, fourteen wide, one story of seven foot high, two brick 
chimneys in the mids, five foot each, to be don forthwith strong and substantial, the 
Treasurer, the Overseer, and the charge, to be paiil out of the next Province Assess- 
ment; to be sett in Portamoiith, in or near the Great Fort. 

Theodore Atkinson, Clerk. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 89 

[p. 22.] Samuel Penliallow, Esq., Treasurer, having 
acquainted this Board that he paid the post master one 
pound ten shilling for publick use : 

Ordered, that the said sum of one pound ten shillings be 
paid out of the publick Treasury. 

Bartholomew Green, printer, his letter from Boston, 
dated 2-i"^ October, 1699, was read, relating to the printing 
of several Laws of this Province, amounting to three 
pounds. 

Ordered, that the said sum be allowed, and an order 
forthwith granted to the Treasurer for pajm* of the same. 

Ordered that the Secretary of this Province do forthwith 
enter all Acts and Laws passed by the Govern'', Council 
and Assembly of this Province (which is not already en- 
tered) into a Record Book, and that the said Secretary be 
paid for the same as the Law directs. 

Ordered, that the Boat bought by late Treasurer, Major 
Joseph Smitli, for the use of his Maj'ty's fort W"' and Mary, 
of this Province, be forthwith delivered to Capt John 
Hincks, with all oars and masts thereto belonging ; And 
that the Secretary issue forth an order to the said Capt. 
Hincks for taking possession of said Boat from any person 
in whose custody the same may be found. 

The L' Govern'" proposed to this board that a General 
Thanksgiving day may be appointed throughout this Prov- 
ince, to be kept solemnly, for the preservation of his Maj'ty's 
sacred person, the many blessings of health amongst us, 
Plenty of Harvest, and especially for so good a settlement 
in this Government laterly made by his Excellency the 
Earle of Bellomont, our Govern', on Tuesday the 23'^ of 
this instant November, And that Proclamations be issued 
forth accordingly to every town of this Province. 

Ordered, that Rich'^ Waldron, Esq., acquaint the House 
of Representatives with the above proposal. 

[p. 23.] Ordered, that Sam' Penhallow, Esq., Treasurer, 
doe take care to provide firewood, candles, and other nee- 



90 PROVINCE OP NEW-HAMPSHIRE. [1699. 

essaries sufficient for the use of the Council and Represen- 
tatives, from time to time, during their publick meetings in 
the winter season. 

Ordered, that Mr. Sampson Sheafe, late Collector of the 
Impost of this Province, do forthwith give ace" to the 
present Treasurer, Sam' Penhallow, Esq. what monies he 
received during his continuance in that office, and that the 
Secretary signifie the same from that Board. 

Ordered that Mr. Taylor, Secretary to his Excellency the 
Earle of Bellomont, for his care and deligence in trans- 
cribing several writings for the use of this Province, when 
his said Excellency arrived here, have presented him as a 
Reward or gratuitie, twenty pieces of Eight ; and that the 
Secretary issue forth an order to the Treasurer for payment 
of the same. 

The Lt. Govern'' ordered the Secretary as a messuage to 
the House of Representatives, to know if they had any 
thing to send to this Board : and that they would make 
what dispatch they could possible with what lay before them. 
Mr. Speaker answered they had nothing at present to 
send to the Council, but would dispatch what was before 
them with all expedition possible. 

Mr. John Smith one of the House of Representatives, 
came up to this Board as a messuage from said House, with 
their concurrence, concerning keeping a General Thanks- 
giving day, as aforesaid. 

Ordered that proclamations be sent to each town for keep- 
ing a General Thanksgiving day on Thursday the 23'^ inst. 
Upon a Report of the Committee for stating the public 
acc"^*^, we find the Province D"^ to the p'ticular persons 
hereafter named, the particular sums following, as upon file. 

lb. s. d 

Imprimis. To Capt. Penny 20: 19: 00 

To L' Gov' Partridge 160: 00: 00 

Jno. Hincks, Esq. fort 97:04:02 

To Jerem. Walford 00: 14: 06 



To Capt. Tattle 



34: 06: 01 



1699.] 



JOURNAL OF COUNCIL AND ASSEMBLY. 



91 



To Row'^ Jenkin 
[p. 24.] To Capt. Penny 
To Patiens Alkin 
To Elisha Bryer 
To John Knight 
To John Snell . 
To Eich'i Waldron, Esq. 
To Sam' Rymes 
To John Cotton and ? 

Jno. Downing, Bntchers, ^ 
To L' Gov'' Partridge 
To Mr. Geo. Jaffrey . 
To Mr. Jno. Cotton . 
To Mrs. Bridgett Grafford 
To Jno. Walker 
To Jno. Partridge 
To Mr. Hen. Penny . 
To Mr. Fran. Tucker 
To W"^ Cotton . 

To Mr. Sam' Penhallow ) 
for liis servant, ^ 
To L* Gov. Partridge 
To John Reed . 
To James Norway 
To Edw"* Ayres 
To Rob' Lang . 
To W™ Lane & 7 

Francis Page ^ 
To Splan Lovett 
To Jno. Snell, et al 
To Major Vaughan 
To Thorn' Greely 
To Mr. Theo. Phipps 
To Sam^ Penhallow, Esq. 
To Elisha Bryer 
To Capt. Jno. Pickering 
To Capt. Jno. Tattle 
To Jno. Odihorne & 

Geo. Wallas 
To Capt. Echabod Plaisted 
for himself and 60 men 
and horse. 

To Mr. Sampson Sheafe 
Committee's Expenses 



06: 15: 00 

04: 06: 00 

03: 00: 00 

02: 12: 03 

02: 11: 01 

00: 08: 00 

69: 08: 02 

01: 16: 00 

10: 07: 01 

16: 15: 06 

03: 09: 00 

05: 00: 00 

04: 10: 00 

00: 18: 00 

00: 04: 00 

02; 00: 00 

11: 00: 06 

01: 04: 00 

01: 16; 00 

80: 02: 06 

09: 11: 00 

01: 04: 10 

00: 12: 00 

00: 06: 00 

01: 04: 00 

02: 00: 00 
07: 03: 00 
04: 16: 00 
06: 00: 00 
00: 12: 00 
06: 00: 00 
01: 05: 00 
00: 16: 04 
15: 11: 05 

00: 08: 00 

36: 00: 00 

16: 10: 04 
01: 16: 00 



92 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Which ace"' being sent down to the House of Represen- 
tatives, was ag] eed to, excepting the objections foil, w^hich 

was desired to be deducted; 

lb, s. d 
From Mr. Isaac Addiii^tou 



K • • T t r' rs tt" - / . • • • 12 : 00 : 00 
being 111 L* Gov" ace" 

Mr. Jno. Siiell . 05:07:00 

Capt. Ichabod Plaisted 36 : 00 : 00 

Committee's Expeuces 01 : 06 : 00 

Mrs. Hanuab Purmott 03:00:00 

Also they added some money to several persons w*^'' were 
omitted, viz. : 



To Capt. Tuttle 02 : 10 : 00 

To Sam' Siiell . 
To Jno Hinckes and 
Ricli'^ Waldron, Esqrs. 
To Sam' Penhallow and 



Theodore Atkinson, Esqrs. 



01: 04: 10 
04: 00: 00 
04: 00: 00 



Ordered, That the said sums stated as before mentioned 
be passed, and others go to the Treasurer accordingly. 

[p. 25.] L* Govern'' desired John Gerrish, Esq., to call 
the House of Representatives before this Board ; they hav- 
ing made some objections to some particulars in the public 
ace"'. 

Accordingly they appeared. 

The L' Governor acquainted them that they had made an 
objection relating to twelve pounds, paid to Mr. Addington 
for his service done this Province ; Desired to know their 
reason, and laid before them the true ace" how and in what 
manner said Mr. Addington was serviceable to this Prov- 
ince ; desired them therefore to consider further of the 
matter. 

Natli' Hill brought to this board two votes from the 
House of Representatives, — one consenting that Mr. Ad- 
dington's twelve pounds be allowed, and the other relating 
to the building of a Goal. 

It being about 5 o'clock, adjourned for one hour and 
halfe. 



1699.] JOURNAL OF COUNCIL AND ASSEMBLY. 93 

At a Council and Assemlily, held by 
adjournment about 7 o'clock in the 
evening. 
Present, as before mentioned. 

Theadore Atkinson, Esq., and Capt. Tuttle, being sent 
from the House of Representatives to this board, acquainted 
the L' Govern"" that there had been a debate in their House 
for the raising a sum of money to pay the Publick Debts of 
this Province; and they think it not convenient at present 
to raise the same, but desires some further time may be 
given to do the same, the former rate being not yet gath- 
ered in, and several of the members of the House being 
wanting. 

Lt. Govern'' told them he would consider of what was 
said. 

The L* Govern"" sent Mr. Charles Story, the Secretary, as 
a messuage to the House of Representatives, to know of 
them whether they designed to draw Tip a Bill to-night for 
defraying the publick charge of this Province. 

[p. 26.] Mr. Speaker answered, they were in debate of 
the matter, and after it was over, would come and acquaint 
his Honor what they intended therein. 

Mr. Story was sent again to call the House of Represen- 
tatives to this Board, who immediately appeared ; upon 
which the L* Governor was pleased to adjourn them till 
Tuesday the 21*' inst., at 10 of the clock in the forenoon. 



At a Council and Gen" Assembly, held at Portsm" 
by adjourn', the 21^' November, 1G99. 

Present, 

W™ Partridge, Esq., L'. Governor, &c., 

John Hinckes, ) ^ Peter Coffin, ) -r- 

Robert Elliott, \ ^^^^- John Gerrish, | ^^^^- 

Richard Waldron, Esq. 

Ordered, that the Secretary do forthwith give notice to 



94 PROVINCE OF NEW-HAMPSHIRE. [1699. 

Sam^ Penhallow and John Plaisted, Esqs., Justices of the 
Peace of this Province, that whereas a riot was lately com- 
mitted by sundry seamen now in town, that they do not 
omit of making a full inquiry into the matter, and bring 
the offenders to condign punishm^ and particularly that 
Elizabeth Redford, in whose House the disorder began, 
may be forthwith forbidden selling of drinks by retaile, or 
keeping a publick House of entertain m* for future. 

Richard Waldron, Esq., was sent a messuage to the 
House of Representatives, in order to desire y'' speedy dis- 
patch, for the drawing up a bill for paym* of the publick 
Debts of this Province. 

Mr. Nath^ Hill brought up a vote from the House of Rep- 
resentatives for the raising of four hundred and [p. 27.] 
sixty pounds, upon all persons and estates, real and per- 
sonal, according to former custom within this Province, to 
be paid in money to the Treasurer by the last of June next, 
and that the rate be delivered to the Constable of each 
town three months before. 

Agreed to by this Board, and ordered a bill be drawn ac- 
cordingly, and that Mr. Charles ^'tory. Secretary, together 
with Theodore Attkinson, Esq., Clerk of the Assembly, do 
prepare the same. 

A Bill entitled an Act for raising four hundred and sixty 
pounds for defraying the publick charge of the Province, 
being read three times, was sent down to the House of 
Representatives by Mr. Charles Story, Secretary, for their 
concurrence. 

The House came up and consented to the enacting said 
Bill. 

A petition of Capt. John Tuttle, on behalf of himself and 
soldici's at the Garri.^on at Dover, relating to money for- 
merly due to them, and allowed by Council, was read. 

Ordered, that the Secretary do make out an order to the 
Treasurer for payment of 10"'^ immediately to Capt. Tuttle, 
on behalf of himself and soldiers, and that the remainder 
be paid out of the 460"^^ rates. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 95 

A petition of Elizabeth Redford about lier keeping a pub- 
lick House, was read. 

Then the L* Govern'' was pleased to prorogue the Assem- 
bly till the first Tuesday in May next. 



[p. 28.] Province of New Hampshire. 

At a meeting of the Council and Gen" Assem- 
bly, held at Portsmouth by adjournment, on 
Tuesday, the 7"' of May, post merediem, 
Anno Dmi. 1700. 
Present, 
The Hon'^^^ W" Partridge, Esq., L* Governor, 
John Hinckes, ) ^ Peter Coffin, ) ^ 

Nath' Fryer, j ^'''^^- RiclV' Waldron, \ ^^^^^ 

John Gerrish, Esq. 
Whereas there remains formerly due to John Cross, 
James Phillipps, Thomas Maurdyn, Thomas Barnes, Reu- 
ben Haines and Henry Langmaid, Twenty and four pounds 
for their service as soldiers at the fort W"" and Mary: 

Ordered, that the said sum be paid out of the next 
Province Rate. 

Mr. John Hinkes, his account for his service as Capt. of 
the fort W"^ and Mary, with other articles in said ace"* from 
the 17'*' of August, 1699, to this present day, was delivered 
to this Board, the whole amounting to 59"': 11^: 02*^, as 
upon file, was allowed and approved of, and ordered to be 
paid out of the next Province rate. 

Mr. Charles Story, Secretary, was sent as a messuage to 
the House of Representatives by the L* Govern"" to call them 
up to y^ Board, who accordingly came ; and Mr. Speaker 
moved to the L' Govern'' that they were just upon resolving 
of a vote to be sent up relating to the Goal, and desired a 
quarter of an hour's time for the conclusion thereof. The 
L* Govern'' told them they might have so long time for fin- 
ishino; the same. 



96 PROVINCE OF NEW-HAMPSHIRE. [1700. 

Whereas there is due to Mr. Charles Story, from the IT**" 
of August to the 17"" of February last past, six pounds for 
his salary as secretary: Ordered that an order go forth to 
the treasurer for the paym' of the same. 

Mr. John Smith brought a vote from the House of Rep- 
resentatives relating to the erecting a Goal. 

The L* Govern"^ sent John Gerrish, Esq., as a messuage 
to call the said House up again to this board, who came 
accordingly ; and the L* Govern'' was pleased to adjourn 
them till the second Tuesday in June next. 



[p. 29,] Province of ) At a Council and Gen" Assembly 
New Hamp^ ] held at Portsmouth, the 11^*' day 
of June, Anno dmi. 1700, Post 
merediem. 
Present, 
The Hon"« W" Partridge, Esq., L* Govern^ 
John Hincks, ) tt, Peter Coffin, ) -p, 

Nath' Fryer, \ ^''^''- John Gerrish, \ ^'^i''- 
Rich'i Waldron, Esq. 
The L' Govern'" produced a letter directed (for the Lt 
Govern'", Council and House of Representatives of the 
Province of New Hampshire) dated at Boston, the G"" of 
June, 1700, from his Excellency Richard Earle of Bello- 
mont, which was read at this Board and sent down to the 
House of Representatives by the secretary, Mr. Charles 
Story, a copy whereof is as follows, viz. : 

Boston, 6* June, 1700. 
Oentlemen: — The encroachment of the French to the eastward 
of New Hampshire, and their having alienated the Indians all 
about you from their former obedience to the King, makes it too 
manifest that their aim and design is to supplant the English and 
make themselves m" of all this continent; adding to that, too, 
the late intelligence I have had of the restless endeavors of the 
French to debauch the five nations of Indians in the Pi'ovince of 
New York from y' obedience to the King, wherein it is to be 
feared they have made too successful a progress; forasmuch, 



1700,] JOURNAL OP COUNCIL AND ASSEMBLY. 97 

therefore, as we are thus beset on every hand by the French, it 
behooves us to put everything in practice for our defense and 
security. 

Nothing can be thought of that's more necessary for that end 
than the fortifying y°'^ harbor ; and in regard of the snialhiess of 
that Province and slender number of people there, it would be 
too great an undertaking for you to build a sufficient fort on the 
Great Island in Piscataqua River; if you will be at the charge of 
bi'inging all materials in place, I will endeavor to dispose [p. 30.] 
the King to be at the charge of building this said fort ; but then I 
advise you to lose no time, but immediately to pass such a Law as 
shall effectually oblige the Province to provide the said materials ; 
of all which I will send you in a few days the estimates, and so I 
conclude, 

Gentlemen, 
Your aiFectionate friend, 
And humble servant, 

Bellomont. 

Samuel Alcock, comand'' of tlie ship Richard & Marga- 
ret, now laden and bound for Barbadoes, complaineth that 
Mr. Sampson Sheafe, Deputy Collector of this Province , 
refuses to give him his clearing, until he first come to an 
anchor with the said vessel at New Castle ; which is con- 
trary to common usage ever since the settlem* of the Gov- 
ernm* of this Province, under his Excellency the Earle of 
Bellomont. 

Ordered that the Secretary give notice to Mr. Samson 
Sheafe, to appear before the L' Govern'' and Council to- 
morrow morning at eight o'clock, to answer said complaint. 

Whereas Thomas Laton, pursuant to an order of Council 
of the 19"^ of February last past, was sent as a messenger 
by the L' Govern'^ to the Earle of Bellomont, then in Bos- 
ton, to give him an account of some Indians' proceedings 
at Cochecha, for which service said Laton was promised 
one pound, eighteen shillings : 

Ordered, That the Secretary grant an order to the treas- 
urer to pay the Said Laton one pound, eighteen shillings. 

Adjorn'd till to-morrow morning, eight o'clock. 
7 



98 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[p. 31.] Province of New Hampshire. 

At a meeting of the Council and Gen" Assembly, 
held at Portsm° by adjornment, on Wednesday, 
the 12"' June, 1700, Ante merediem. 
Present, 
The Hon""^ W"" Partridge, Esq., L* Govern', 
John Hinkes, ) y Peter Coffin, } „ 

Nath' Fryer, \ ^'^'^'^^' John Geerish, j ^^'^'^• 
Richard Waldron, Esq. 
The complaint of Sam' Alcock being read at this board 
ag®' Sampson Sheafe, Deputy Collector, for refusing to clear 
his vessel, the said Sheafe then present, but gave no rea- 
son according to Law why he did refuse the clearing said 
Alcock's ship or vessel ; only said he did it because Mr . 
Armestrong, the naval officer, had informed him that my 
Lord had so ordered it ; but no such order appearing, Mr. 
Sheafe did promise for the future to give clearings as for- 
merly, unless to such vessels as he had cau.se to suspect of 
loading any thing contrary to law. 

A vote from the House of Representatives was brought 
to this Board by Mr. Joseph Swett, concerning passing an 
act about willful perjury, fornication and profanation of the 
Lord's day. 

Mr. Theophilus Dudley brought up the Lord Bellomont's 
letter which was sent down to the House of Representatives 
yesterday. 

Joshua Pearce's petition, relating to monyes due to him 
from y® Province, was read. Ordered that the Secretary 
look out for the debenter and make report to the Council at 
y' next sitting. 

Shadrach Walton's petition was read, relating' to 25'" : 
04^ : 02'' due to him for his wages as Captain of the fort 
W™ and Mary. 

Ordered that the said sum of 25"' : 04* : 02'' be discounted 
with Capt. Walton in part of the publick mony in his hand, 
which he formerly received of Mr. Pheasant Eastwick, as 
per his receipt appears. 



1700,] JOURNAL OF COUNCIL AND ASSEMBLY. 99 

The petition of Mr. Richard Hilton, of Exeter, was read 
at this board, relating for a ferry to be granted him [p. 32.] 
for transporting horse and man from Swamscott over the 
River against his house for 50 years' time. Allowed of, and 
afterwards sent to the House of Representatives by Mr, 
Charles Story, Secretary. 

Mr. Moses Levitt brought a vote from the House of 
Representatives to this board, that Mr. Richard Hilton's 
petition be granted concerning the ferry from his house to 
Swamscott, Provided there be a convenient way on both 
sides the river laid out to said ferry, without making it a 
Province charge ; every man and horse to pay 6'^ a time, 
and a single person two pence, which being read, was agreed 
to by the L* Govern'' and Council, and ordered that a Bill 
be drawn accordingly, and that Mr. Charles Story draw the 
same. 

The petition of Abraham Clements of Hampton, con- 
cerning his having a trial at the Court of Common Pleas, 
the 7"' of June, 1699, at the suit of one Natli^ Ayers, at 
which Court Judgement was obtained against said Clem- 
ents, upon which he appealed to the Superiour Court fol- 
lowing ; but the Governm' being changed the said Superiour 
Court was altered, and at the next Superiour Court that was 
held the Judges was of opinion that the cause could not be 
tried before them for which he craves a new trial next 
Superiour Court, — was read at this board and sent to the 
House of Representatives by Mr. Charles Story, Secretary. 

Mr. Hill brought Mr. Clements' petition from the House 
of Representatives to this Board, with a vote on back side 
of said petition, that Abraham Clements' petition within 
mentioned, concerning a hearing of his case at the next 
Superiour Court, be granted. 

Agreed to by the L* Govern'' and Council, and ordered 
that a Bill be drawn accordingly. 

A Bill for settling a ferry between Swamscott and Mr. 
Richard Hilton's house, in the township of Exeter, was 



100 PROVINCE OP NEW-SAMPSHIRE. [1700. 

three times read at this board and sent down to the House 
of Representatives by Mr. Charles Story, Secretary, for 
y' concurrence ; being first passed by the Council to be 
enacted, and was afterwards consented to by the L* Govern'', 
and by him signed accordingly. 

[p. 33.] The petition of the selectmen and other the in- 
habitants of the town of Hampton, concerning great dis- 
turbances made by several ill disposed persons in the said 
towne, taking upon them to fence in considerable parcels of 
principal feeding lands belonging to the town of Hampton, 
<fec., was read and sent down to the House of Representa- 
tives. 

Mr. Theophilus Dudley brought up to this Board said pe- 
tition from the House of Representatives, and a vote that 
an act be passed that no person whatsoever shall presume 
to fence in any common land belonging to any town within 
this Province, without they obtain some grant or liberty 
from' the freeholders of said town, where said land belong- 
eth, upon pain or penalty of being accounted disturbers of 
the peace of his majesty's subjects in this Province ; and it 
shall be in the lil)erty of a Justice of Peace to bind over 
any such person to the next Quarter Sessions of the Peace, 
to answer for their contempt for not observing said act. 

A vote was sent up from the House of Representatives 
to this Board as follows : Upon reading a letter of the Q^^ 
of June, 1700, from his Excellency the Earle of Bcllomont, 
our Governor, &c., directed to the L* Govern'', Council and 
Representatives of the Province of New Hampshire, im- 
porting the danger we may be exposed to and the necessity 
of well fortifying our Harbour, 

Voted, that an answer be forthwith given his Excellency 
in a letter from the Gen'^ Assembly, wherein first to ac- 
knowledge the many benefits and advantages that have 
accrued to the inhabitants of this poor Province the year 
past, wlio have enjoyed a great deal of peace and quiet- 
ness, without disturbance, being the fruits and effects of 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 101 

his Excellency's prudent conduct and good settlement of 
the Governm* here ; also to represent to his Excellency the 
extreme poverty and inconsiderableness of this Province, 
having been extremely lessened and impoverished by the 
late war, and just now wading through the difficulty of dis- 
charging all publick debts, [p.34.] formerly contracted for 
our defense ag'* the common enemy, besides the unhappy 
circumstances we at present labor under, by a growing 
charge to defend our Rights and properties ag''' one, who, for 
lending a few hundred pounds to a pretended proprietor, 
claims the possession of our Houses and Lands, which 
with the expense of so much blood and mony, even far 
beyond the intrinsic value, thereof, our ancestors and Selves 
have hitlierto defended, both in the former Indian war and 
in the late French and Indian War, whereby his maj'ty's 
Right, interest and dominion in and over this part of our 
territory of New England, hath hitherto been preserved ; 
but, however, with all humble gratitude to acknowledge his 
Excellency's great care and concernedness for our future 
defense in time of danger, and to assure his Excellency 
that when ever he shall see cause to order the building a 
more sufficient fortification on the Great Island, we will 
contribute according to our utmost ability towards finding 
materials for tlie same, which we shall be more particular 
in when his Excellency shall please to send us an estimate 
of the charge thereof, w"^'' we account our selves obliged to, 
as well in duty to his most Excellent Maj'ty, as for our 
own preservation, only we desire his LordP'' may be put in 
mind that the fortifying Piscataqua River doth as much 
concern the Massachusetts as y' Province, whose interests 
on that side the River is of much more value than ours 
on this, and pray that the Hon'^'*^ L* Govern'' and Council 
will join with us herein. 

Passed by the House of Representatives. 

Theodore Atkinson, Clerk. 



102 PROVINCE OP NEW-HAMPSHIRE. [1700. 

The Lt. Govern'' and Council having heard the above- 
said vote read, gave consent thereunto and order the Sec- 
retary to draw a letter directed to his Excellency Richard, 
Earle of Bellomont, accordingly. 

[p. 35.] Mr. Charles Story was sent to call up the House 
of Representatives, who accordingly came, and passed the 
bill to be enacted, entituled an Act for settling the ferry be- 
tween Swamscott and Mr. Richard Hilton's House, in the 
townPP of Exeter. 

Then the Lt. Govern'', Council and Asseml^ly subscribed 
y'' names to a letter, directed to Richard, Earle of Bello- 
mont, a copy of which is as follows : 

Portsmouth, 12* June, 1700. 

May it please your Excellency, — 'We cannot omit a due acknowl- 
edgem* of the many benefits and advantages of y^ poor Province, 
the year past, having enjoyed a great deal of peace and tranquillity 
without disturbance, which we find to be the fruits and effects of 
your Excellency's prudent conduct and good settlem' of the Gov- 
ernm' among us. 

AVee not enlarge upon the exceeding poverty and inconsider. 
ableness of this small Province, who have been extremely lessened 
and impoverished by the late war, and just now wading through 
the difficulty of discharging all publick debts, contracted for our 
defense against the late common enemy; besides the unhappy 
circumstances that we at present labor under, to defend our Rights 
and properties against one, who for lending a small sum of money 
to a pretended proprietor (and a little more to stop the mouths of 
his heirs after his death), now claims the possession of our houses 
and lands, which with the expence of so much Blood and mony, 
even far beyond the intrinsique value thereof, our ancestors and 
selves have hitherto defended, both in the former Indian War and 
in the late French and Indian War, whereby his I\Iaj"ty's Right, 
interest and Dominion, in and over this part of his Territory of 
New England, has been hitherto presei'ved. 

But notwithstanding all our ill circumstances, we do, with all 
humble gratitude acknowledge your Exqcllency's great care and 
concernedness for our future defense in time of danger, signified 
in your Excellency's Letter of the C"' curr*, and crave leave to 
assure your Excellency, that whenever you shall see cause to or* 
der the building a more sufficient fortification upon the Great 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 103 

[p. 36.] Island, we will contribute according to our utmost 
ability towards finding materials foi' the same ; which we shall be 
more jjarticular in, when your Excellency shall please to send us 
an estimate of the charge thereof: And this we account ourselves 
obliged to, as well in duty to his most Excellent Maj'ty as for our 
own preservation. 

Wee onlf further presume to put your Excellency in mind that 
the fortifying Piscataqua Eiver doth as much concern the Massa- 
chusetts as this Province, whose interest on that side the River is 
of much more value than ours on this, &c. 

Then the L' Governor adjourned the Council and Assem- 
bly till the 2'^ Tuesday in July next. 



Province of ) At a Council and Gen" Assembly 

New Hampshire. ( held at Portsm", by adjournment, on 
Tuesday, the 9*'' July, ante merediem, 1700. 
Present, 
The Hon'''« W" Partridge, Esq., L' Govern'-, 
Nath' Fryer, \ ^ Robert Elliott, Esq., ) 

Peter Coffin, \ ^^^'^- John Gerrish, Esq., j 

Richard Waldron, Esq. 
The L* Govern'' produced an estimate or computation, 
which was sent from his Excellency Richard, Earle of 
Bellomont, relating to materials for the building a new fort 
on Great Island in Piscataqua River, was read to this 
Board, and sent down to the House of Representatives per 
Mr. Charles Story, Secretary. 

The L* Govern'' likewise produced a copy of a petition 
of several masters of Coasting vessels and Lumber Carriers, 
which was sent from the Earle of Bellomont, being directed 
to him, relating to their being greatly oppressed by reason 
of the fees demanded and taken from them by the officers 
in the Province of New Hampshire, — was read at this 
Board. 



104 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[Pr. Rec. B. n, p. 241.1 

To his Excellency, Richard, Eavle of Bellomont, Capt. General 
and Governor in Chief of his Majesty's Provinces of the Massa- 
chusetts Bay, New York and New Hampshire : 

The Petition of several Masters of coasting vessels and lumber 
carriers : Humbly sheweth, — , 

That your petitioners, being frequently employed to make 
voyages from Boston and other ports in the river of Piscataqua, 
as well in places lying thereupon belonging to the Province of 
the Massachusetts Bay, as to towns and places thereon belonging 
to the Province of New Plampshire, for the fetching of boards 
and lumber from thence, ar« greatly oppressed by reason of the 
fees demanded and taken from them by the officers in the said 
Province of New Hampshire, viz : Every vessel coming out of 
the said river is obliged to pay to the officers there ten shillings 
and six pence before such vessel can be permitted to pass the Fort . 
on Great 'Island; which charges do sometime amount to near as 
much as the freight such vessel makes : and the same fees are not 
only exacted from vessels coming from places in the said Prov- 
ince of the New Hampshire, but also from vessels coming from 
places in the Province of the Massachusetts Bay which lye upon 
Piscataqua river aforesaid, altho' one half of said river belongs to 
the Province of the Massachusetts Bay.* 

Your petitioners therefore humbly pray your Excellency to give 
orders to the officers in the said Province of New Hampshire, to 
take such fees only as your Excellency shall judge reasonable for 
coasting vessels and lumber carriers going into the said Province, 
and not to demand or exact any thing from vessels coming out of 
said river of Piscataqua from places belonging to the said Prov- 
ince of tlie Massachusetts Bay. 

And your petitioners shall ever pray, &c. 
Joseph Hood, Henry Collins, Thomas Newman, 

Sam^ Dutch, Dan' Wair, Steph. Ackerman, 

"W" Sargent, John Haman, Edward Poor, 

The marke X of Elias Elwell, Sam"^ Stephens. 

Henry Numan, James Sanswood, 

[No date.] 

[p. 37.] W"^ Partridge, Juii^", gave in his account to this 
Board, amounting to 18% for riding and going to each town 

* Massscluisetts claimed to tlie middle of Piscataqvia river. Tlie dispute about the 
boundary line between New Hampshire and Massachusetts was not settled finally 
until 1711. See Belk. Farm. pp. 25T-'250. — Ed. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 105 

in the Province to get a list of the soldiers and officers of 
the militia to be sent to his Excellency ; was passed and 
allowed. 

Ordered, that the Secretary make out an order to the 
Treasurer for the same. 

Mr. Samuel Winckley's petition was read at this Board, 
relating to the importing 41 tcarces of Rum, about one year 
1-2 ago into this River, and 25 Hogsheads of Molasses, 
and paid full duties for the same ; But some small time 
afterwards exported 21 tearces of Rum out again of said 
River, and 13 hogsheads of molasses. 

Ordered, that if it appear by the officers' Books, that 
such duty was fully paid, and that such quantities of liquor 
and molasses was exported, as alledged in said petition, 
that then the said Sam" Winckley have his draw-back 
allowed, as the law directs. 

Mrs. Elizabeth Harvey's petition was read, relating to her 
keeping the Post-office, and desiring abatem* of her excise, 
as for keeping a Publick House. 

Whereas his Excellency, the Earle of Bellomont, our 
Govern'', has been pleased to recommend to the L' Govern' 
and Council, the consideration of some addition to be 
made to the Secretary's Salary : 

Ordered, that considering Mr. Charles Story, the present 
Secretary, for his extraordinary service in transcribing the 
Laws, Minutes of Council, &c., to send for England, that 
he be allowed twelve pounds for his said service the year 
past, besides the accustomed salary of twelve pounds per 
annum. 

Jonathan Wadleigh and Nicho- Gordin, their petition 
relating to a Rate -formerly made in the year 1G96-7 for 
the building a meeting house at l^xeter, and said Rate 
being not fully paid by reason of the Poverty of the people, 
petitioned for address [?] was read at this Board and sent 
down to the House of Representatives by Mr. Charles 
Story, Secretary. 

Adjourned till to-morrow morning 10 of the clock. 



106 PROVINCE OF NEW-HAMPSHIRE. [1700. 

[p. 38.] Province of New Hampshire. 

At a Council and Gener^^ Assembly held by 
adjournment, at Portsm° the 10''^ of July, 
Ante Merediem, anno Dmi., 1700. 
Present, 
The Hon^'° W"^ Partridge, Esq., L' Govern'', 
Peter Coffin, Esq., John Gerrish, Esq., 
Richard Waldron, Esq. 
There not being a full Council, the L* Govern' wa? pleased 
to adjourn the Council till to-morrow morning, 10 of the 
clock. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm" by adjournment, on Thursday, 
the ll"' of July, 1700, Ante merediem. 
Present, 
The Hon''^^ W™ Partridge, Esq., L' Govern"", 
Nath^Fryar, ) j, Peter Coffin, )^ 

Robert Elliott, ( ^ John Gerrish, j '^'''l'^^' 

Richard Waldron, Esq. 
Mr. NatW Hill brought up to this Board from the House 
of Representatives, an estimate made by them of what the 
materials for building a fort or castle on Great Island, pro- 
posed by Col. Romer, will amount to when brought to the 
place, being X8204 :'01s : Old, as upon file, was read. 

[Pr. Kec. B. II., p. 244.] 
Pursuant to your Excellency's order, I have, according to the 
best of my judgment, put down what materials there will be nec- 
essary for building a Fort upon the neck of Great Island, near 
New Castle in Piscataqua river : 
14,784 cart-loads of quarry stones, 
49,280 bushels of Newbuty marble lime stones, 
24,640 bushels of sharp fresh water sand, one third part of that 

number finer sand for the brick work, 
22,000 bricks of 10, 5 and 2i inches, 
3,592 bushels of Newbury lime for the use of the bricks. 



1700.] 



JOURNAL OP COUNCIL AND ASSEMBLY. 



1 7 



Scaffolding Timber. 
200 spars, one half of 16, and the other h. 24 foot long, 
600 planks of 15 foot long and 2 inches thick, 
200 pieces of 5 foot long, 4 and 5 inches thick. 

For the Vaults. 
2000 deals of 14 foot long and li inclies thick, 
64 jjieces of VJh foot long, and 7 and six inches thick, 
4000 foot of ribbs, 4 and 5 inches thick ; 'tis no matter if they be 
of all sorts of length, and any slabs that come from the 
blocks will serve for the moddles of the vaults. 

AY. ROMER. 
[Pr. Eec. B. II., p. 249.] 
An estimate of what those materials for building Fort or Castle 
on Great Island, taken by Col. Romer, will amount to when 
brought to said place : 



d. 



1"'. 14,784 Cart loads of quarry stone brought to 
the place will cost 6^ per load, which 

amounts to 

49,280 bush. Newbury marble lime at lo'i per 

bush., 

24,640 bush, of sharp fresh water sand, at 1<* 

per bush., 

To h of fine sand at 1'^ per bush, brought in 

place, 

22,000 brick brought to s<i place at 20^ per M, . 
3,5'J2 bush. Newbury lime at lo'^ per busli. at s'^ 

place, 

200 spars at 12'^ per spar, .... 
600 of plank, engaged to be 12,000 foot at £4, 
200 pieces of 5 foot long, 4 and 5 inches, . 
10*. 2,000 deals, engaged to be 40 thousand foot, 
11"^. 64 pieces of 12 foot h long and 6 and 7 inches, 
12'^^. 4,0u0 foot of ribbs, 4 and 5 inches, . 



2d 



4th 

5th 
gth 

yth 

8"> 
(jth 



4,435 : 4 : 



3,080: 08: 



126: 10: 



042 : 3 : 

220: 00: 

173: 12: 

10: 00: 



48: 
03; 
50: 
03: 
06: 



00: 
00; 
00: 
04: 
00: 



£8,204: 01 04 
By order of the Assembly, 

Henry Dow, Clerk 2^>'o tempore. 



[Note. Another estimate makes the cost, £6,105 : 14 : 08. 
laid before his Ex. Earle of Bellomont. — Ed.] 



Both estimates 



108 PROVINCE OF NEW-HAMPSHIRE. [1700. 

Mr. James Randle brought up a vote from the House of 
Representatives, relating that the Indians hence forward 
be at no time suffered to come within the body of any of 
the towns within this Province ; but whereas some of tliem 
profess subjection to the Crown of England, that so long 
they be supplied with suitable necessaries at some frontier 
places, according to the direction of the Hon''''' the Govern'' 
and Council, and that effectual care be taken for repairing 
the several garrisons, and maintaining constant watch in 
every respective town, was read at this Board. 

Samuel Penhallow, Esq., Treasurer, came to this Board 
and desired an order of Council for 50"", which he disbursed 
towards building a Goal, there being a rate made for 460"^; 
wherein is expressed for payment [p. 39.] of the Prov- 
ince .debts, building a Goal, <fec. 

Ordered, that the said 50'" be allowed, and an order 
accordingly granted for paym* of the same, out of the last 
460"^^ Rate. 

Mr. Charles Story was sent to call the House of Repre- 
sentatives to this Board, who accordingly came. The L* 
Govern'' acquainted them of the Reports that is abroad 
about the Indians, and that Mr. Addington, the Secretary 
at Boston, liad wrote a Letter concerning them, which part 
relating to tlie Indians was sent down to them; and like- 
wise thought the vote that they had sent to this Board 
might be too severe to consent to, by reason of debarring 
the Indians from trading or coming to the towns, &c., with 
several other arguments of discourse ; and after a confer- 
ence of about a quarter of an hour his Honor the L* Govern'^ 
was pleased to desire the gentlemen of the House of Rep- 
resentatives to consider of what had been said. 

Whereas, there is cause of suspicion that the Indians are 
designing mischief ag** us, 

Ordered, that Major W™ Yaughan do forthwith send out 
his commands to the Captains and committee of the Militia 
in the respective towns within this Province, to take care 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 109 

that the several Garrisons be put in repair, and to order 
such ^Yatches and wards as may prevent a surprise in case 
the Indian should break out into a new war, and that the 
Secretary give him notice accordingly. 

Mr. James Randle brought up a vote to this Board from 
the House of Representatives, relating that the estimate 
made of the cost of the several materials necessary for the 
building a fort on Great Island, according to Col. Romer's 
computation, amounting to six thousand one hundred and 
five pounds, fourteen shillings and eight pence, be inclosed 
in a letter to his Excellency the Earl of Bellomont our 
Governor, to signify tlie incapacity for raising so great sura ; 
as also to pray his Excellency's favor in giving orders for 
relief and assistance to be afforded us from our neighbors 
of the Massachusetts, in case of a new Indian war ; was 
read (as on file). 

Then the L' Governor adjourned the Council and Assem- 
bly till Thursday next, the IS'** of July, instant, at 12 of 
the clock. 



[p. 40.] Province of New Hampshire, * 

At a Council and Gen'^ Assembly, held at Portsm" 
on Thursday, the 18'^ of July, Anno Dmi., 1700, 
by adjournment. 

Present, 
The Hon^"^ W" Partridge, Esq., L' Govern', 
John Hincks, ) j^ Robert Elliott, ) ^ 

Peter Coffin, J ^'^''' John Gerrish, j ^^^^^- 

Richard Waldron, Esq. 
Pursuant to a vote sent up to this House last Assembly 
relating to write a letter to my Lord, with an estimate of 
Col. Rumor's computation of the materials for building a 
fort at Great Island, Richard Waldron, Esq., was sent as a 
message to the House of Representatives to signify the 
concurrence of the Council with them in this matter. 
Adjourned till 9 o'clock to-morrow morning. 



110 PROVINCE OF NEW-HAMPSHIRE. [1700. 

Province of New Hampshire. 

At a Council and Gen" Assemlily held at 
Portsrn", Friday, the 19"' of July, 1700. 
Present, 
The Hon'^i" W™ Partridge, Esq., L* Govern'', 
John Hinkes, ) p Robert Elliott, ) -^ 

Peter Cofiin, \ ^^^^' John Gerrish, J ^^'l^* 

Richard Waldron, Esq. 
Mr. John Plaisted brought up the Letter from the House 
of Representatives, to be sent to his Excellency Richard, 
Earle of Bellomont, about an estimate of Col. Romer's com- 
putation of materials for the building a fort at Great 
Istand, which is as follows, and was signed by the Gov- 
ern'' and Council, and Representatives : 

Portsm", 18"^ July, 1700. 

May it pJease your Excellency , — AYe have received Col. Romer's 
computation of the materials necessary for the buildijig of a fort 
at the Great Island ; and made the lowest estimate of what tlie same 
will cost [p. 41] to be provided, and brought in place, which comes 
here inclosed and amounts to six thousand one hundred and five 
pounds, fourteen shillings and eight pence, a sum so much be- 
yond the capacity of the poor people of this small and inconsid- 
erable Province that we know not what to say to it; in our great 
straits and utmost necessity for raising money to defi-ay the charge 
arising by reason of the late war, which lay hard upon us, both 
by sea and Laud, we never could advance one thousand pound 
in one year, though our lives ajid estates lay at stake. And now 
having been necessitated to make a considerable rate and assess- 
ment this year to bring the Province out of debt ; considering 
also the present danger of another war with the Indians, for that 
we have just cause by the carriage of the Pennicook Indians 
when last here, to suspect they design mischief against us; which 
gives occasit)n to be at a great expense in Garrisoning ovir fron- 
tiers, and providing for our own defense, so as to prevent a sur- 
prise ; we shall be wholly uncapable of doing any thing towards 
the fort at Great Island this year. 

We are so sensible of your Excellency's care for and favor 
towards us, that were your Excellency thoroughly acquainted 
with our miserable, jDOor and mean circumstances, we should 



1700,] JOURNAL OF COUNCIL AND ASSEMBLY. Ill 

readily submit to what your Excellency should think us capable 
of doing- in this matter. 

We lieartily lament your Excellency's removal so far from us, 
especially at such a time as this ; but most humbly pray your 
Excellency to give such orders as that we may have some relief 
and assistance from our neighbors of the Massachusetts, in case 
the Indian "War should break forth again. 

We will give your Excellency no further ti'ouble at present, but 
crave leave to subscribe, 

May it please your Excellency, 
• Your most faithful and obedient serv's, 

W" Partridge, Peter Coffin, 

John Hiukes, Rob' Elliott, 

John Gerrish, Richard Waldron. 

Sam' Penhallow, John Woodman, John Plaisted, 

Henry Dow, Theophilus Dudley, Nath' Hill, 

John Tuttle, John Smith, Theodore Atkinson. 

James Rendle, Joseph Swett, 

[p. 42.] A vote was sent up by the House of Representa- 
tives, that an act be passed that all ships and other vessels 
above twelve tons, not belonging to this Province, coming 
into any Harbour within the same to trade or traffic, pay as 
tonnage duty to his Maj'ty, every voyage they make, twelve 
pence, or one pound of good new Gun Powder per ton ; 
The same to be applied for defraying the publick charge of 
the Province, which was read by tliis Board, and agreed to 
by the Council, and ordered that a Bill be drawn accor- 
dingly, and that Mr. Charles Story and Mr. Theodore Att- 
kinson prepare said Bill. 

A vote was sent up by the House of Representatives to 
this Board, that an Act be passed for the better observation 
of the Lord's day ; and that a Bill be drawn up accord- 
ingly, was read and agreed to by the Council, and ordered 
that Mr. Charles Story, secretary, prepare the said Bill. 

A Bill for the better observation and keeping the Lord's 
day was three times read at this Board and past by the 
Council to be enacted, and afterwards sent down to the 
House of Representatives by Mr. Charles Story, Secretary, 
for their concurrence. 



112 PROVINCE OF NEW-HAMPSHIRE. [1700. 

This Bill having past both Houses, was consented to by 
the Hon''"^ the Lt. Govern'', and by him signed accordingly. 

Mr. Charles Story was sent to call the House of Repre- 
sentatives to this Board, who accordingly came. 

Then the Lt. Governor was pleased to adjourn the Coun- 
cil and Assembly till Tuesday, the 20'^' of August next, 
at twelve of the clock. 

26"' July, 1700. 

To this time all Minutes of Council sent to the Karl of 
Bellomont, in order to be sent to England. 



[p. 43.] Province of New Hampshire. 

At a Council and Gene" Assembly, held 
at Portsm" by adjournment, the 20"^ of 
August, Anno Dmi., 1700. 
Present, 
The L* Govern'", William Partridge, Esq., 
John Hinkes, I -j. John Gerrish, ) y 

Natli^ Fryer, \ ^^^^' Rich'' Waldron, j ^'"l^- 

There not being a full Council, the L' Govern'' was 
pleased to adjourn this Board till to morrow morning, at 
9 of the clock. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
• at Portsm'' by adjournment, the 21^' of 

August, Anno Dmi., 1700 (1). 
Present, 
The Hon'''^ William Partridge, Esq., JJ Gov., 
John Hinkes, ) t;, Peter Coffin, ) -p,^^^ 

Nath> Fryer, \ ^^'^'' John Gerrish, [ ^^^'- 

Richard Waldron, Esq. 

[Copied from MS. Minutes of Assembly.] 
(1) Aug.- 20, 1700. Capt. Pickerin & Mr. Moses Leavet being absent last meeting ot 
tbis House, gave satisfaction for the same. 

Aug. 21, 1700. Theodore Attkinson & John Plaisted paid each 12d for their being 
absent yesterday. 



1700.] JOURNAL OP COUNCIL AND ASSEMBLY. 113 

Mr. Charles Story was sent down to the House of Repre- 
sentatives with the Bill for granting unto his Maj'ty a duty 
upon tonnage of shipping, &c., for defraying the charge of 
his ]\raj'ty's forts and fortifications within this Province, 
and for the further support of the Government. 

Adjourned till 3 o'clock in the afternoon. 



[p. 44,] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsmouth by adjournment on Wednes- 
day, the 21*"* August, 1700, post merediem. 
Present, 
The Hon. W™ Partridge, Esq., L' Govern^ 
John Hinkes, ) t-, Peter Coffin, ) -r, 

Nath^ Fryer, j ^''^^- John Gerrish, j ^'^^• 

Richard Waldron, Esq. 
Mr. Theophilus Dudley, one of the Representatives, 
brought up to this Board a vote as foil.: 

Whereas, there is a deficiency in this Province for want 
of Several Laws, it is humbly offered that a Committee be 
chosen out of each House for transcribing and drawing up 
such a body of Laws as may be suitable to the constitution 
of the Province, — was read. 

Mr. John Smith, one of the Representatives, Ijrought up 
the Bill entitled an Act for granting unto his Maj'ty a 
Duty upon Tonnage of Shipi)ing, &c., for defraying the 
charge of his majesty's forts and fortifications within this 
Province, and for the further support of the Government, 
with some amendment, which was read at this Board. 
Adjourned till to morrow morning, 9 o'clock. 



114 PROVINCE OP NEW-HAMPSHIRE. [1700. 

[p. 45.] Province of New Hampsliire. 

At a Council and Gen" Assembly, held by 
adjournment, at Portsm", on Thursday, the 
22'^ August, 1700. 
Present, 
The Hon^'i^ W™ Partridge, Esq., L* Govern-", 
John Ilincks, \ y John Gerrish, ) ^ 

Peter Coffin, \ ^'•^''- Rich"' Waldron, \ ^^'^'^^ 
There not being a full Council, his Honor the L* Govern'^ 
was pleased to send Mr. Charles Story to call up the House 
of Representatives to this Board, who accordingly came ; 
and his Hon-" was pleased to adjourn them till the second 
Wednesday in October nest, at 10 of the clock in the 
forenoon. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsmouth, by adjournment, Wednesday 
the 9"> October, 1700, post Merediem. 
Present, 
The Hon'^'^ W™ Partridge, Esq., L^ Govern'', 
John Hincks, ) -f^^^,,^ John Gerrish, ) ^ 

Nath' Fryar, \ ^'^''- Richard Waldron, j ^'^''• 
There not being a full Council to proceed upon Publick 
affairs. His Hon'' the L* Govern"" was pleased to adjourn the 
As^embly till the last Wednesday in January next, being 
the 29'" day of said January. 



[p. 46.] Province of New Hampshire. 

At a Council and Genei-^^ Assembly, held at 
Portsm", by adjournment, on Wednesday, 
the 29"' January, 1700, post merediem. 
Present, 
The Hon'^'^' ^V'^ Partridge, Esq., L' Govern^ 
John Hincks, ) -p Rol)crt Elliott, ) p^nra 

Nath> Fryer, \ ^'^^''- Richard Waldron, \ ^^'^'^' 
John Gerrish, Esq. 



1700.] JOURNAL OP COUNCIL AND ASSEMBLY. 115 

Mr. John Smith, one of the Assembly, brought to this 
Board a vote that the Law of tonnage. Impost and excise 
be continued for one year only, with this alteration : that 
all vessels above fourteen tons pay powder money duely, 
according as they of thirty tons did in the former act, 
except those that came loaden with hay or provisions. 

Ordered, that Mr. Sampson Sheafe have five pounds paid 
by the Treasurer of this Province, out of the next rate 
(made for payment of publick debts of said Province), for 
transcribing of several Laws in a Book, when he was 
Secretary. 

The L* Govern'' adjourned the Council till to-morrow 
morning, (9) o'clock. 

[p. 47.] Province of New Hamsphire. 

At a Council and Gen" Assembly, held at 
Portsm° on Thursday, the 30"" January, 
Anno Dmi. 1700, ante merediem. 
Present, 
The Hon'^i° W™ Partridge, Esq., L* Govern'', 
John Hinkes, j ^ Robert Ellott, j ^ 

Nath^ Fryer, ) ^ John Gerrish, ] ^ 

Richard Waldron, Esq. 
The L' Govern'' produced a Letter to this Board from Mr. 
John Bridger, dated at Boston, the 21"' instant, relating 
to some thousand of trees, which was prepared by said 
Bridger, in Order to make tar for his Maj'ty's use, was 
read, and is upon file. 

[Province Eec. B. II., p. 290.] 
Letter from J. Bridger. 
Ilonorahle Sirs: — In Maj', June and July last, I prepared a 
great many thousand trees in order to make tar for the use of Ids 
Majesty, in the river of Piscataqua, particnlarly on the commons 
of Dover, on that side next to Suhawannick river, and in the 
woods next Quamphegen mill, and in the woods by John Win- 
gett's, and on a point below the house of Wm. Henderson, sen ; 



116 PROVINCE OF NEW-HAMPSHIRE. [1700. 

all which lands were the Commons of the adjacent towns, and not 
fenced where the said trees were prepared. 

Notwithstanding his Majesty has been at the charge of prepar- 
ing said trees for his use, — as by an Act of the Assembly every 
one may improve any of the common land or its prodnce, more 
pariicnlar I presvimed his Majesty might, when no injury to the 
subject, — yet some envious, malitious and unthinking people 
have felled many of the said trees which I prepared, to the great 
disappointment of the project I am on, and his Majesty's interest 
at home as well as here. 

Such little and litigious actions makes me not doubt but the 
trees that were burnt was by design. I am sure this is an intro- 
duction to such belief. 

I therefore make these unlawful actions known to you, which 
neither increase the actor's interest, nor does it blason j^our loy- 
alty, except by pnnishing the offenders, which done, will prevent 
my asking redress from other places or persons ; otherwise must 
seek to put a stop to such proceedings by the best and momentous 
care I am capable of. I shall wait your answers before I say to 
any else. Your Honors' 

Humble serv', 

J. Bridger.* 

Boston, Jan 21. 1700-1. 

Superscribed — "On his Maj.' Service, 

To Hon. Wm. Partridge, Esq., Lt. Govr., 
and Council of his Maj.' Province 
of New Hampshire at 

Piscataqua." 

Copy of a letter from Mr. Eobcrt Cole, his Majesty's 
Consul at Algiers, dated the 13"' April, 1700, was read at 
this Board and put upon file. 

Copy of the Dey of Algiers' letter to his Majesty, dated 
the 14''' April, 1600, was read at this Board and upon file. 

Copy of an order of the Lords of the Admiralty, dated 
the 2d June, 1700, to the Earle of Bellomont, was read at 
this Board, and put upon file. 

Copy of a letter from Mr. Burchett, dated the 21'' June, 
1700, directed to the Earle of Bellomont, was read at this 
Board and put upon file. 

• See also Couucil and Assembly Records, June 14, 1798. 



1700.] JOURNAL OF COUNCIL AND ASSEMBLY. 117 

An Extract from the Lords of the Council of Trade and 
Plantations y'' letter to the Earle of Bellomont, dated the 
21*' June, 1700, was read and put upon file. 

Mr. John Smith, one of the House of Representatives, 
brought up a vote from said House to this Board, being 
as fol. 

Whereas it hath been already moved that a committee 
out of both Houses be appointed for drawing up of such 
Laws as may be suitable for the constitution of the Province, 
We humbly crave leave to remind your Honors of the same, 
conceiving it to be of absolute necessity. 

Henry Dow, Clerk Pro tempore. 

[p. 48.] Richard Waldron, Esq., was sent from this 
Board by tlie L* Govern'' to the House of Representatives, 
to acquaint them to draw up a list of what Laws they might 
see most proper to be made, and send the same to this 
Board. 

Mr, Speaker and Mr. Henry Dow of the House of Rep- 
resentatives came up to this Board, and Mr. Speaker made 
the following speech : 

3Iay it please your Honor, — The House of Representatives 
humbly conceive it necessary that a committee might be chosen 
out of both Houses for the drawing up of such Laws as may be 
most convenient for the service of his Maj'ty's subjects in this 
Province. 

Tlie petition of Gabriell Hamilton was read at this 
Board, relating to the estate of his father David Hamilton, 
of Dover, deceased, which estate was ordered by the Gov- 
ern'' and Council, in 1G97, to be sold by the Selectmen of 
Dover for the maintenance of his brother, David Hamilton, 
dec'', — and afterwards sent down to the House of Repre- 
seJitatives by Mr. Charles Story, Secretary. 

The petition of James Phillipps, relating to money due to 
him as a soldier at the fort, was read and sent down to the 
House of Representatives by Mr. Charles Story, Secretary. 



118 PROVINCE OP NEW-HAMPSHIRE. [1701. 

The L' Govern'' adj*^ this Board till tomorrow morning, 9 
of the clock. 



Province of ) At a Council and General Assembly, 

New^ Hampshire. ) held by adjournment, at Portsm°, the 
31^' of January, 1700, ante merediem. 
Present, 
The Hon*^'" W" Partridge, Esq., L* Govern'', 
John Hinkes, ) -p Robert EUott, ) -n, 

Nath. Fryer, J ^'^^^- John Gerrish, \ ^^'^''^' 

Ricli'^ Waldron, Esq. 
Robert Ellott, Esq., was sent down to the House of Rep- 
resentatives to discourse the House relating to the peti- 
tion of Gabriel Hamilton, and to signify that it was the 
opinion of this Board that the select men of Dover have 
notice given them of said petition, that both parties be 
heard before any determination pass. 

[p. 49.] Mr. Nath' Hall brought up the petition of Mr. 
David Hamilton from the House of Representatives, which 
was read at y* Board, and the answer was, that they were 
humbly of opinion that the select men of the town of Do- 
ver, together with the petitioner, be ordered to appear at 
the next Gen" Assembly and bring in a particular ace" of 
said estate. Which answer the L' Govern'" and Council 
agreed with ; and ordered that the Secretary give notice to 
the present select men of Dover, that they, together with 
such select men as is now living, which took the estate of 
said petitioner's father into their hands, be sent for, and 
bring in an ace" of the value and particulars thereof; and 
of the charge they have been at in maintenance of David 
Hamilton, deceased. 

In compliance with the motion of the Assembly for the 
choosing a committee of both Houses to draw up such Bills 
as shall be thought fit, at present necessary to be passed 
into Laws for the good Governm* of his maj'ty's sulnjects 
within this Province, to be presented to the Gene" Assem- 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 119 

bly at their next session, The Council make choice of John 
Hincks and Robert Elliott, Esqrs., to join with two others 
chosen by the Assembly for that end ; and that the Secre. 
tary be desired to join with them in that matter. 

A complaint was sent up by the House of Representa- 
tives against Mr. James Meinzies, for uttering false reports, 
in company of Bonos Norton, Joseph Cass and Benj^ Fifield, 
ag"' L' Govern'' Partridge, Peter Coffin, Robert Ellott, 
Richard Waldron and W" Yaughan, Esqrs., and Mr. George 
Jeffrey, which is at large upon file.* 

Ordered, that the Secretary issue forth summons to said 
James Meinzies, Bonos Norton, Joseph Cass and Benj. Fi- 
field, to appear before this Board tomorrow by twelve of 
the clock in the forenoon. 

Adjourn till tomorrow morning, 9 o'clock. 



Province of ) At a Council and Gen" Assembly, held 

New Hampshire, j by adjournm', at Portsm'', the 1'' 
[p. 50.] Febr'y, 1700, ante merediem.f 

Present, 
The Hon"*- the L*^ Govern-- W"^ Partridge, Esq., 
John Hinkes, ) -p Robert Ellott, ) t^ 

Nath' Fryer, \ ^''^''' John Gerrish; { ^^^l^'^* 

Richard Waldron, Esq. 
Bonus Norton and Joseph Cass, according to summons, 
appeared before this Board, as also did Mr. James Menzies, 
lawyer, to answer to a complaint made against him. 

The complaint against Mr. Menzies was read, as upon 
file, and he desired a copy of said complaint, and time till 
Tuesday, 10 o'clock in forenoon, to answer thereto, which 
was accordingly granted. 

* See Records of Council. 

t Feb. 1, 1700-1. Whereas of late sundry members of this house have been wanting 
therein, — Ordered, that the Clerk send to them to appear on the 3d inst. to shew Rea- 
sons, if any they can, for their neglect. 



120 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Ordered, that Mr. Secretary return an answer to Mr. 
Jolni Bridger, of his letter, dated at Boston the 21** Janu- 
ary hist, which was directed to this Board, — the answer 
upon file. 

[Pr. Rec. B. 11., p. 291.] 
Secretary's Letter to Mr. John Bridger. 

Portsmouth, Prim. Feb'y, 1700. 
3Ir. Jn. Bridger: — I am commanded by the Lt. Governor and 
Council to let you know they have received your letter of 21^' 
Januarj' last, importing' a complaint against sundry unknovi^n 
persons for felling of trees prepared by you for making tar for 
his Majesty's use, with a suspicion tliat other trees lately burnt 
Avere done by design; together with a reflection on their Honors' 
loyalty ; to which they have ordered me to give Answer as fol- 
lows : That they much admire at your different sentiments con- 
cerning the government of this Province from what they were 
at your first coming hither, when you could not but justly 
acknowledge their abundant readiness to promote his Majesty's 
service and interest, particularly in that affair under your man- 
agement, even far beyond what you met with in the Massachusetts 
government; And, for any persons offending according to your 
complaint, they think it your duty to prosecute such offenders, 
that they may receive condign punishment according to their de- 
merits; and they will, on their parts, in nothing be wanting to 
prevent any prejudice to his Majesty's interest therein ; and wish 
you may be able to give his Majesty as good an account of your 
negotiation in this his service, as they shall be of their loyalty 
when called in question. 
This is all at present. 

By order of Lt. Gov. and Council, 
from your humble serv', 

C. Stoky, Secy. 

A Bill for reviewing an Act made in the 4"" year of king 
W™ and Queen Mary's Reign, entitled an Act for defraying 
the Public charge of this Province, with a clause in said 
act for all ships or vessels above twelve tons to pay 12d per 
ton, or a pound of Powder, was sent up from the House of 
Representatives to this Board, 

Which Bill, with a small amendm', was three times read 
at this Board, and past by the Council to be enacted, and 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 121 

after^Yards sent down to the House of Representatives by 
Mr. Charles Story, Secretary, for their concurrence. 

The Bill having; past both Houses, was consented to by 
the Hon''''' the L' Govern'', and by him signed accordingly. 

Adjourned till 10 o'clock, Monday morning next. 



[p. 51.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm" by adjournm* the 3'^ day of 
February, Anno Dm. 1700.* 
Present, 
The Hon'''*' W'" Partridge, Esq., L* Govern% 
John Hinkes, ) j^ Robert Ellott, ) ■r.,^,,^ 

Nath' Fryer, \ ^''^'- Peter Coffin, \ ^^^^^- 

Richard Waldron, Esq. 
The Lieut. Govern'' sent Mr. Secretary as a messuage to 
call the House of Representatives to this Board. 

Mr. Speaker and the rest of the House of Representatives 
came according to said messuage. 

The Lt. Govern"^ was pleased to acquaint them that there 
was a necessity for i-aising money for the paym' of the 
Province Debts, and therefore thought it convenient they 
would inspect into the Treasurer's acc"^ and others, that 
thereby they might be better satisfied with the reasons for 
raising such money, and that they would expedite the same. 
James Phillipps' petition was this day read again, and 
ordered, that care be taken to pay the petitioner out of the 
next Province Rates, what shall appear to be justly due to 
him. 
Adjourned till 10 of the clock to-morrow morning. 

* Feb. 3, 1700-1. Mr. Moses Level assessed 4s. for liis last week's Neglect. 
Feb. 4. Mr. Dudly for absence yesterday p'd l~d. 



122 PROVINCE OF NEW-HAMPSHIRE. [1701. 

[p. 52.] Province of New Hampshire. 

At a Council and Gene" Assembly 
held by adjournment at Portsm", the 
4th of Feb'ry, 1700, Post merediem. 
Present, 
The Hon"^« W" Partridge, Esq., Lt. Govern^ 
John Hinkes, \ ^ Peter Coffin, ) ^ 

Nath' Fryer, \ ^''^'^' Robert Elliott, ] ^'^''- 

Richard Waldron, Esq. 
Mr. James Meinzes appeared at this Board in order to 
answer to the complaint exhibited against him, which was 
publicly read [as follows] : 

[Pr. Rec. B. II. p. 274.] 

Whereas Information is this day Given by Mr. Joseph 
Swett, one of the members of y® Assembly, that one 
James Meinzes, a Lawyer, did some time this week, in the 
house of Bonos Norton, of Hampton, declare in company 
with Joseph Cass and Benj'' Fifield, that sundry Gentle- 
men within this Province, viz. the Hon'''*' Lt. Govern'' Par- 
tridge, Peter Coffin, Robert Ellott, Richard Waldron, Wm. 
Vaughan, Esqrs., and Mr. George Jaffrey, hath bought or 
did offer to buy, of Mr. Sam' Allen, the propriety of this 
Province ; which report has a tendency to the great distur- 
bance and disquiett of his Maj"'** good subjects here, and a 
reflection upon your Hon'^ mentioned ; Therefore humbly 
crave, that the said James Meinzes, Benj'' Fifield, Bonos 
Norton and Joseph Cass, may be forthwith sent for, and 
exam*^ concerning the p''emises ; and if the Report above-' 
said be proved false, that the Reporter may be dealt with 
according to his misdemeanour. 

By order of the Assembly. 

Theodore Atkinson, Cler. 

In answer to which the said James Meinzies acknowl- 
edged and confessed all matters expressed in said informa- 
tion to be truth, excepting the nominating of particular 
names. 

The deposition of Christopher Pottle was publicly read 
at this Board, relating to prove the complaint against Mr. 
James Meinzies, which is upon file. 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 123 

Joseph Cass and Bonus Norton, their depositions was 
drawn up and read before Mr. Meinzics, in order to make 
liis exceptions against any thing therein writ, before said 
Cass and Norton was sworn, who made no other objections 
than that he desired said Cass and Norton to consider what 
they were going to swear, and use conscience in it. So 
said Cass and Norton's depositions was sworn before the 
Lt. Governor and Council, which is on file. 

Ordered that said Meinzies pay all costs and charges ac- 
crued upon trial of said complaint, and be admonished 
never to raise or spread any such false reports again ; — 
which costs is to be taxed by the Lt. Govern'" and Council, 
who taxeth the said costs to 1'" 11* 00^\ besides the Sec- 
retary's fees, and to stand committed until he pay the same. 

The petition of Andrew Wiggins, relating to the bound- 
ing of his estate at Sandy Point and Squamscott, was read 
at this Board. 

Ad/ till to-morrow, 10 o'clock in the forenoon. 



[p. 53.] Province of New Hampshire. 

At a Council and Gen' Assembly held by 
adjournm' at Portsm", the 5th of Febr'y, 
1700, ante merediem. 
Present, 
The Hon^'° W Partridge, Esq., Lt. Govern'-, 
John Hinkes, ) ^ Robert EUott, ) ^ 

Nath' Fryer, p'^'^* Peter Coffin, j ^"'i''" 

Richard Waldron, Esq. 
The names of the committee appointed by the House of 
Representatives to join with John Hinkes and Robert El- 
lott, Esqrs., for drawing of several bills, &c., was sent up 
by the House of Representatives ; relating to Major Ingham 
being Recorder of all Deeds for this Province was read at 
this Board, and upon file. 

A humble opinion of the House of Representatives, that 



124 PROVINCE OF NEW-HAMPSHIRE. [1701. 

a particular account be taken of the King's stores, and re- 
turn thereof to be made next Sessions, was read at this 
Board, being sent up by the House of Representatives, and 
upon flic. 

The Council humbly leave this matter to the Hon'^^*^ the 
Lt. Go^■ern^ 

A vote relating that the south part of the Isle of Shoales 
pay taxes, &c., send a Representative to this Province, have 
a Justice of Peace, Constable and other Officers, was read 
at this Board, and upon file. 

A vote that Major W™ Vaughan have 20"^ paid him for 
his service in keeping the Records of this Province, The 
Lt. Govern"^ and Council consenting thereto : — Ordered 
that Major William Vaughan, and he only, be Recorder of 
all Deeds of Land in this Province ; and that what deeds 
Mr. Charles Story, Secretary, hath recorded be reckoned 
and accounted good and valid to this day, and further — 

Ordoied, that the Secretary give notice, with all expedi- 
tion, to Mr. James Blagdon one of the principall Inhabitants 
[p. 54.] of the Isle of Shoales, that he appear before the Lt. 
Govern'" upon the first convenience, to take his oath as Justice 
of the Peace in order to settle the inhabitants, where he lives 
under this governm', and to call them together to appoint a 
Representative for said place, to sit in Gen" Assembly and 
to observe such further orders and directions as he shall 
receive from the Hon'^'« the Lt. Govern'' concerning the same. 

Adjourned till the 7"' of March next at 10 of the clock 
in the forenoon. 

Province of ( At a Council and General Assembly 

New Hampshire. \ held at Portsm" by adjournm' the 7* 

day of March, 1700. 

Present, 

The Hon'"^^ W" Partridge, Esq., Lt. Govern% 

John Hinkes, ) t^ Peter Coffin, ) t^^^,,^ 

Robert EUott, \ ^^'l''^' John Gerrish, \ ^^^^l'^- 

Richard Waldron, Esq. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 125 

The petition of Jokii Partridge was read at this Board 
relating to an addition to be made to the price f(jr passen- 
gers passing over the ferry which he now keeps, which 
was allowed and approved, and sent down to the house of 
Representatives, as appears at large upon file. 

The select men of Dover and one Gabriell Hamilton ap- 
peared at this Board, in order to proceed upon a Petition of 
said Gabriell Hamilton delivered here last General ses- 
sion of Assembly, where said Hamilton desires tlie select- 
men to render an account how they disposed of his father's 
estate, as is mentioned in said petition. 

Wliereas the select men of Dover moved that they had 
not timely notice to appear, whereby they were not prepared 
to answer said Hamilton's Petition : ordered that it be re- 
ferred till the next Gene" Assembly, and that notice be 
given to the said select men by the Secretary, to appear at 
next General session of Assembly, to answer to [p. 55.] 
said Petition ; he, the said Hamilton, calling upon the 
Secretary for said order. 

Letter from Sir Henry Ashurst* to the Lt. Govern'", Coun- 
cil and Assembly, dated the 24th April, 1700, was read at 
this Board, and sent down to the House of Representatives.* 

Adjourned till to-morrow morning eight of tlie clock. 

Letter from Sir Henry Ashurst. 
[Pr. Rec. B. I. p. 240.] 

LONDOX, 24 April, '700. 
* Gentlejiex :— I have in yor lowest estate appeared for you, as yor Agent I have 
done you considerable service, procured you Mr. Partridge, yor Leftenant Governor, 
and was told that I should have a gratuity and a salary settled as the Agent. As you 
have stood in need of my interest and service, so you may doe againe. Wliatever you 
thinke lift to allow mee I pray let ye Leftenant Governor receive for my use. I de- 
livered yor Address to the King, w'ch had not bin delivered atall, but for mee. I shall 
indeavor by my service. And I am, Gent, yor aftect and humble ser'tt, 

Henke Asueest. 

[Note.— The chirography of the above letter, in the hand of Sir Henry, is exceed- 
ingly obscure, and entirely without punctuation.— Ed.] 



126 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Province of ) At a Council and Gen" Assembly held 

New Hampshire. ) at Fortsm" by adiournm*, on Saturday, 
the 8"' March, 1700. 
Present, 
The Hon"^ W"^ Partridge, Esq., Lt. Govern'', 
John Hinkes, ) t:^ Peter Coffin, ) t^ 

Robert Ellott, \ ^^^'*^- John Gerrish, \ ^^^''^' 

Richard Waldron, Esq. 
The Report of the committee for considering of what 
Laws was convenient for the good governm* of the subjects 
of this Province, and necessary to be made and enacted, 
was delivered into this Board and read, as upon file. 

Mr. Charles Story was sent down to the House of Rep- 
resentatives with said Report. 

A vote was sent up to this Board from the House of Rep- 
resentatives, for the raising of three hundred pounds for 
the paying the Province debts, accounted to be due to the 
last of May next, — as upon file, — was three times read 
at this Board, and ordered that a Bill be drawn accordingly. 
The Petition of John Partridge was brought to this Board 
by Mr. Smith, one of the House of Representatives, with a 
note fixed thereto as foil. : 

The Assembly are humbly of opinion that two pence 
from the Maine to his Island, and six pence from thence to 
Great Island, is sufficient, by order. 

Theodore Attkinson, clerk. 

Ordered, by the Lt. Govern'^ and Council, that the said 
Jno : Partridge for the future have and receive of every 
passenger that ferrys from the Maine to the Island two 
pence ; and for every passenger that ferrys from said [p. 
56.] Partridge's Island to the Great Island, six pence. 

A vote brought from the House of Representatives, that 
there l)c paid unto Lt. Govern"" Partridge for the use of Sir 
Henry Aslmrst, for service done by him for this Province, 
the sum of fifty pounds sterling, to be paid out of the in- 
come of this River as far as possible. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 127 

The Petition of Jonathan Wadleigh and Nicholas Gor- 
don, as on file, was read at this Board and sent down to 
the House of Representatives, who sent the same up again 
with their opinion, that the constables and select men of 
Exeter, who served in the year one thousand six hundred 
and ninety-seven, be satisfied to appear at the next session 
of Assembly and then bring their original rate. 

Ordered, that the Secretary notify to the said select men 
and constables, if called for by the petitioners, or some for 
them, that they appear at the next session of General As- 
seml)ly, and bring in their Original Rate they petitioned 
about. 

Mr. Charles Story, Secretary, gave in his ace" to this 
Board for his service, &c., as Secretary, which was sent to 
the House of Representatives, and brought hither again, 
who allowed said Charles Story sixty pounds, which was 
likewise allowed at this Board. 

Ordered, that the said sixty pounds be paid out of the 
next Province rate and that an Order go to the Treasurer 
accordingly. 

Treasurer's acc"^ was given into this Board and sent 
down *to the House of Representatives, who returned the 
same back, with an estimate of what Debts are now due 
from the Province, and allowed the Treasurer's account to 
be one hundred and four pounds, twelve shillings, which 
was likewise allowed at this Board. 

Ordered the same be paid out of next Province Rate. 

The Bill for raising three hundred pounds was read three 
times at this Board, and ordered to be engrossed ; 

And having passed both Houses was enacted and con- 
sented to by the Lieut. Govern'", and by him signed accord- 
ingly. 

Estimate of the Province Debts upon file. 

After which the Lt. Govern'' adjourned the Assembly, till 
the last Tuesday in April next, being the 29'*' day. 



128 PROVINCE OF NEW-HAMPSHIRE. [1701. 

[p. 57.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsm'' l)y adjournm*, Tues- 
day, the 29"> April, 1701. 
Present, 
The Hon''^'= W"> Partridge, Esq., Lt. Govern'", 
John Hinkes, ) ^^^„^ W'" Vaughan, 



Peter Coffin, j ^'^''' John Gerri'sh,' \ ^''^''- 

Robert Elliott, Esq. Richard Waldron, Esq. 

A vote sent up by Mr. Theodore Attkinson from the 
House of Representatives, that an addition be made to the 
Last Act past in this Province, relating to all vessels up- 
wards of twelve tons not belonging to said Province, pay- 
ing powder money for supply of his Majesty's fort at new 
castle, &c. ; was read and upon file. 

A vote sent up per ditto, that whereas by the aforesaid 
Act all vessels exceeding twelve tons, were obliged to pay 
one pound of powder or twelve pence per ton, 

It is humbly offered for the better encouragement of 
Trade within this Province, that the Treasurer demand no 
more than twelve pence per thousand, of every such vessel 
as carrieth lumber from hence, was read, and upon file. 

A vote was sent up, per ditto, that whereas the season of 
the year requires several of this House to be at home about 
their present necessary occasions, for sowing and planting, 
we humbly pray an adjournm* until the 20"' of May next, 
or when your Honor may in prudence see meet. 

Mr. Secretary was sent to call the House of Representa- 
tives to this Board, to adjourn them till Tuesday, the twen- 
tieth of May next, at 12 of the clock in the forenoon. 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 129 

[p. 58.] Province of New Hampsliire. 

At a Council and Gene^^ Assembly 
held at Portsm" by adjournm* the 20"' 
May, 1701, Post merediem. 
Present, 
The Hon'"<= W™ Partridge, Esq., Lt. Govern'', 
John Hinkes, ) -^i Peter Coffin, ) t^ 

Nath^ Fryer, \ ^''^'^' W™ Yaughan, \ ^'^''- 

Richard Waldron, Esq. 
Mr. Secretary carried to the House of Representatives 
by order of this Board a Report from the committee, of 
what Laws was proper to be past for the use of this Prov- 
ince, together with several Bills drawn up for that purpose. 
Adj'* till Friday next, 2 o'clock, afternoon. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm" by adj', Friday, the 23'^ 
of May, 1701, Post merediem. 
Present, 
The Hon"i° W" Partridge, Esq., LK Govern'', 
John Hinks, J W"^ Yaughan, ) 

Natli. Fryer, [ Esqrs. Jno. Gerrish, i Esqrs. 

Peter Coffin, ) Ricli'^ Waldron, ) 

The Lt. Govern'' produced a letter from New York, dated 
the 12'" May, 1701, from the Council of that place, wherein 
was enclosed a letter from his Maj'ty King W"\ directed 
to the late Earle of Bellomont, deceas'', or to the commander 
in chief of Province of New Hampshire for the time l)eing. 
Dated at Hampton Court the 19"' day of January in the 12"' 
year of his Majesty's reign, relating to the Province afore- 
said, in taking care in building and maintaining such forts 
either at Piscataqua or elsewhere in said Province, as arc 
necessary for your security, without being burdensome to 
your neighbors, with other matters in said letter contained; 
And also a quota of men to be furnished by his Majesty's 



130 PROVINCE OF NEW-HAMPSHIRE. [1701. 

respective [p. 59.] plantations on the continent of America, 
toward the defense of the frontiers of New York, in case 
they be invaded by an enemy, which is likewise upon file, 
and are in these words foir^', having been both read at this 
Board. 

[Superscription.] 

'*To our Right Trusty and Right well beloved consin, Richard, 
Eavle of Bellomont, our Capt. Gen'^ and Govern'^-in-chief of our 
Provinces of the Massachusetts Bay, New York and New Hamp- 
shire, in America, and of the Territories thereupon depending, 
&c. ; Or to our commander-in-chief of our Province of New 
Hampshire, for the time being. 
(New Hampshire)." 

WILLIAM R. 
Ilifjlit trusty and Bight well beloved Cousin, we greet you well : 
Whereas the welfare and security of our Plantations in America 
require the utmost care and application of such as are entrusted 
with the Governm* of each of them, you are in our name to re- 
quire our Ceuncil, and the General Assembly of our Province of 
New Hampshire, to exert the utmost of their power in providing 
for the Building and maintaining of such forts, either at Piscata- 
qua, or elsewhere, witliin that Province, as are iiecessary for their 
security, witliout being burdensome to their neighbors, any further 
than absolute necessity sliall require. 

And in case the frontier of our Province of New York be at 
any time invaded by an enemy, you are likewise to call upon our 
Province of New Hampshire, to make good in men (or money in 
lieu thereof) their quota of Assistance, pursuant to tlie Reparti- 
tion herewith sent you. 

And you are withal to signify to them, that according to y"" be- 
haviour on this occasion, they will recommend themselves to our 
Royal grace and favor. So we bid you heartily farewell. 

Given at our Court, at Hampton Court, the 19"^ day of January, 
1700-1, in the twelfth year of our Reigne. 

By his Majesty's command, 
Ja. Vernon. 

[p. go.] The quota of men to be furnished by his Maj'ty's 
respective plantations on the continent of America towards 
'the defence of the frontiers of New York, in case they bo 
invaded by an enemy : 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 131 

MEN. 

Massachusetts Bay, 350 

New Hampshire, 40 

Rhode Ishxiicl and Providence Plantation, 48 

Connecticut, 120 

New York, 200 

East New Jersey, 60 

West New Jersey, 60 

Pensylvania, 80 

Mary Land, 160 

Virginia, 240 

1358 

Mr. Hemy Dow, one of the members of the House of 
Representatives, brought, up to this Board the following 
words in writing, viz : 

May it please your Honors: 

Whereas Capt. John Tuttle, of Dover, and L' John Smith, of 
Hampton, two of the members of this House, have withdrawn 
themselves,* this House pray that their vacancy be made up out of 
the respective towns unto which they belong*. 

By order, Theodore Attkinson, Clerk. 

Adj"* till the 2'^ Tuesday in June next, being the IS''' day, 
at ten of the clock in the forenoon. 

* [Copied from MS. Minutes of the Assembly.] 

May 22, IVOl. The House being att a Debate whether through the Death of the Earle 
of Bellomont tlieir power be not Ended, Therefore Desire the Speaker to Propose to 
the Lt. Gov'r & Council, for tlieir Opinions in the matter. 

May 23, 1701. Mr. Waldron [of the Council] sent down to answer the doutof the 
House, referring to their Powers being lessened by the Death of the Earl of Bellom. &c. 

The mind of the Lt. Gov'r & Councill is, that the powers in an Officer are not altered 
by his Death. 

It being Debated again in the House, they are most of the same mind with the Lt. 
Gov'r and Councill, but some objecting, the speaker is desired to inform the Lt. Gov'r 
and Councill, that the major part was for going on and acting as formerly. The 
speaker delivered the same. 

Capt. John Tuttle and Lt. John Smith having withdrawn themselves from the As- 
sembly, the Assembly Request the Lt. Gov'r that the vacancy may be made up by a 
new choice. 

June 10th, 1701. Appeared in the Koom of Capt. Tuttle, Lt. James Davis, and Tim- 
othy Hilliard in the room of Lt. John Smith; who, being qualified, are joyned as mem- 
bers of this House; the rest of the House meeting according to adjorn't. 



132 PROVINCE OF NEW-HAMPSHIRE. [1701. 

[p. 61.] Pi'oyince of Xcnv Hampshire. 

At a Council and Gen" Assembly held by ad- 
journm' at Portsm° the 10"' of June, 1701, 
Ante merediem. 

Present, 
The Hon"'' W Partridge, Esq., L' Govern'', 
John Hiiiks j ^ John Gerrish, j 

Robert Ellott, ) ^ \v '" V aughan, ] ^ 

Kich" Waldron, Esq. 
The L' Govern'' granted a dedimus j^otestatem to Hobert 
Ellott and W'" Yaughan, Esqs., and Charles Story, Secre- 
tary, to swear James Davis and Timothy Hilliard, two 
members of the Assembly elected to sit this day in Loco 
Capt. John Tuttle and Lt. John Smith, who took the oaths 
appointed to be taken, instead of the oaths of Allegiance 
and Supremacy mentioned in the statute made in the first 
year of King W"' and Queen Mary's Reign, as appears by a 
.return of said dedimus jjotestatem. 

Mr. Richard Jose, shcriffe of this Province, appeared at 
this Board and produced a Commission under the seal of 
the Province, and signed by the late Earle of Bellomont, 
•dated at Portsm'', the first day of August, 1699, for the of- 
fice of Sheriffe, to execute the said office from said first day 
of August till the 29'" day of September, 1700 ; and like- 
wise made complaint that the said commission was falsely 
recorded by the late secretary, Mr. Sampson Shcafe ; which 
commission being examined before the L' Govern'^ and 
Council, was found to be falsely recorded by Omitting the 
true time of said sheriff's continuing to execute his office, 
by two months or thereabouts. 

Ordered, that it be .entered under the Record, that it is a 
false Record, and that the present Secretary record the orig- 
inal de novo. 

Adj'' till to morrow morniiiig, 9 o'clock. 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY. 133 

[p. 62.] Province of Now Hampshire. 

At a Council and General Assembly, liclJ at 
Portsm^ by adj" the 11'" day of Jmie, 1701, 
Ante Merediem. 

Present, 
^ The Hon''"^ W™ Partridge, Esq., L' Govern^ 
Jo'hnHinkes, ) ^^ W'» Vaughan, ) ^ 

Robert Ellott, \ ^"^''^- , Richard Waldron, J ^^^''^• 

John Gcrrish, Esq. 
Mr. Nath. Hill brought up from the House of Represen- 
tatives these several Bills, foil"' : 

A Bill for establishing Town Bounds and Lands, &c. ; 
A Bill for limitation and quieting possessions ; 
A Bill against trespassing on Town commons ; 
A Bill for strengthening sheriffs, constables, &c. ; 
A Bill for an addition to the act relating to Courts ; 
A Bill to prevent frauds in Tanners, &c. ; 
A Bill fir a Constable's watch ; 

AVhich Bills were passed by the Assembly and prayed to 
be engrossed. 

All the aforesaid bills were read at this Board. 

Edward Toogood brought to this Board a debenter for 
X15 due to himself, Sam^ Whidden and Mr. Penhallow's 
man, for one day's work going to Newichawanock to dis- 
cover a quarry of stones for building the fort at Great 
Island, — was read. 

Ordered that Edw'^ Toogood be paid 7s., Sam^ Whidden, 
5s. Gd., Mr. Penhallow's man, 2s. 6d.,out of the Treasury. 

Adj'' till to-morrow morning, 8 of the. clock. 



[p. 63.] At a Council and Gen" Assembly, held by 

Adj' at Portsm° on Thursday, the 12"^ of 
June, 1701, ante merediem. 
Present, 
The Hon'''° W™ Partridge, Esq., L' Govern^ 
John Hinkes, ) -^^ „ W'" Vaughan, ) ^^ 
Rob* Ellott, 1 ^-^l^^- John GerrishI | ^'^^■^• 
Rich'' Waldron, Esq. 



134 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Mr. James Eaiidell, one of the members of the House of 
Representatives, brought up to this Board the foil. Bills : 

An additional Bill for the settlement of Intestates' 
Estates ; 

An additional Bill to the Law entitled Marriages ; 

A Bill for punishing criminal offenders ; 

"Which said Bills the House of Representatives humbly 
pray may be engrossed. 

All which Bills were read at this Board. 

Richard Waldron, Esq., was sent down to the House of 
Representatives with these following Bills to be amended, 
viz.. 

The Bill against trespassing in town commons ; 

The Bill to prevent frauds in Tanners, etc. ; 

The Bill for strengthening sheriffs, constables, &c. 

Adj^ till to-morrow eight of the clock, in the morning. 



[p. Gi.] Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm° 
by adj' the 13*" of June, 1701, ante merediem. 
Present, 
The Hon"i« W"^ Partridge, Esq., L* Govern'', 
John Hinkes, \ W" Vaughan, J 

Nath^ Fryar, > Esqrs. John Gerrish, > Esqrs. 

Robert Ellofet, ) Rich^^ Waldron, ) 

Mr. Richard Waldron, Esq., was sent down to the House 
of Representatives with the Bill for establishing Town 
Bounds, Lands, <fec., in order to be amended. 

Mr. Dudly, one of the House of Representatives, brought 
up to this Board these foil. Bills, viz.. 

The Bill to prevent frauds in Tanners, &c. ; 

The Bill for strengthening sheriffs, constables, &c., with 
their amendm'% which passed that House ; 

The Bill against trespassing on town commons, with its 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 135 

amciidni^, ditto, who prays the same may be engrossed ; 

A Bill to prevent impounding cattle ; 

A Bill for registering Deeds and conveyances ; — were 
read at this Board. 

Adj*^ till 3 o'clock in the afternoon. 



[p. G5.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm** by adj' the 13"^ of June, 1701, 
post mcrediem. 
Present, 
The Hon*'"^ W" Partridge, Esq., L' Govern'-, 
John Hinkes, \ y W'" Vaughan, ) ^ 

Robert Ellott, j ^^'^'^' John Gerrish, \ ^^^'^^• 

Richard Waldron, Esq. 
Mr. Charles Story, Secretary, was sent down to the 
House of Representatives, with the Bill for registering of 
Deeds and conveyances, in order to be amended. 

Mr. James Davis, one of the House of Representatives, 
brought up said Bill to this Board with its amendm*^ 
Adj"' till to-morrow morning, eight of the clock. 



Province of Xew Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm° by adj* the 14"^ of June, 1701, 
ante merediem. 
Present, 
The Hon"'" W'» Partridge, Esq., L' Govern'-, 
John Hinkes, ) ^ W" Vau2;han, \ ^ 

Robert Ellott, \ ^^^'■^' John Gerrish, j ^''^'^• 

Richard Waldron, Esq. 
Mr. James Davis, one of the House of Representatives, 
brought up to this Board a Bill against Adultery and Polyg- 
amy, and prayed the same might be engrossed. 



13C PROVINCE OF NEW-HAMPSHIRE. [I'^'Ol. 

A vote sent up from said House that all the Laws of this 
Province be forthwith put into print (at charge of the pub- 
lick) was read. 

These several Bills foil., having been read a third time 
and passed both Houses to be enacted, were consented to 
by the L* Govern', and ]>y him signed accordingly. 

[p. 66.] All Act against Adulteiy and Polygamy. 

An Act for the punishing criminal offenders. 

An Act for Recording Deeds and conveyances. 

An addition to the Act past about Intestates' estates, with 
ano/hcr addition to Insolvent estates. 

An Act ag^' trespassing on town commons. 

An Act for aiding and assisting slierifls, constables, &c., in y'' 
executing their office. 

An Act to prevent Impounding cattle wrongfully. 

An Act for Kegulating Tann-^S Curri''% cordwayn", &c. 

And then the Lt. Govern"' adj'' the xVssembly till Wednes- 
day next, the 18"* day of June, inst., at ten of the clock in 
the forenoon. 



Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm** 
by adj' on Wednesday, the 18"' of June, 1701. 
Present, 
The Hon'''° W™ Partridge, Esq., L* Govern'", 
John Hiiikes, | ^ W- Yaughan, j 

Peter Cofiin, ) ^ John Gerrish, ) ^ 

Rich'5 Waldron, Esq. 
The petition of snndry ordinary keepers of the town of 
Portsm° was read at this Board and sent down to the 
House of Representatives. Petition on file. 

Mr. Swett, one of the House of Representatives, brought 
up to this Board a Bill about keeping his Maj'ty's highways 
and Bridges in repair for the future, — was read at this 
Board. 

Atlj'^ till to-morrow morning, eight of the clock. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 1-37 

[p. 67.] At a Council and Gen" Assemljly held at 

Portsm° by adj^ on Thursday, the 19'^ of 
June, 1701. 

Present, 

The PJon'''« W'» Partridge, Esq., L* Govern'-, 

John Hinkes, ) -p, Peter Coffin, ) -^ 

Natli^ Fryer, \ ^''^''- W- Vaughan, \ ^''^''- 

Ilichard AValdron, Esq. 

Mr. John Pickerin, one of the House of Representatives, 
brought to this Board a vote from said House, praying that 
they might have a sight of the papers put into the Gov- 
crnm* and Council, formerly relating to the Bounds of the 
several Towns within this Province, — was read and put 
upon illc (which papers was sent down to the House ac- 
cordingly). 

Mr. Charles Story was sent as a message to the House 
of Representatives with a recommendation to said House, 
signed by the L* Govern'', of the present state and condition 
of his Maj'ty's fort in Great Island, &c., being first read at 
this Board. 

The petition of Nath' Ayres, smith, relating to a new 
trial or hearing of his case between him and one Abrali. 
Clements, depending at common law, was read at this 
Board and sent down to the House of Representatives. 

The petition of James Phillipps, a soldier at the fort, 
was read at this Board, relating to what money was due to 
him for sucli his service as a soldier, might be ordered to 
be paid to himselfc and not to any person else, was read at 
this Board and on file. 

The petition of Sam' Comfort, Oar-maker, was read at 
this Board, relating to a new trial or hearing of a case 
wherein he was deft, at the suit of one Nath' Wcare, pi', 
and sent down to the House of Representatives. 

The House of Representatives sent up to this Board in 
writing, wherein they humbly pray a committee be ap- 
pointed by this Board to consider of all papers put in, or 



138 PROVINCE OF NEW-HAMPSHIRE. [1701. 

can be produced by the several towns or their Represen- 
tatives, concerning the Bounds thereof, and to make report 
of their opinion in order to a settlement of said Bounds, 
was read at this Board. 

[p. G8.] Ordered that Major W'" Yaughan and Peter 
Coffin, Esqrs., Capt. Henry Dow and Capt. John Pickerin, 
be a committee to consider of all [lapers put in or can be 
produced by the several towns or their Representatives, 
concerning the Bounds of said Towns, and to make report 
of their opinions, in order to a settlement thereof, to this 
Board by to-morrow morning, 10 of the clock, which order 
was sent down to the House of Representatives. 

A Bill for taking affidavits out of Court was brought up 
to this Board by Mr. Timothy Hilliard, one of the House 
of Representatives. 

Adj'' till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm° by adj* on Friday, the 20'" of 
June, 1701. 

Present, 
The Hon''"' W"' Partridge, Esq., L' Govern'', 
John Hinkes, ) -p , Peter Coffin, |p, 

Robert Ellott, \ ^^^^''^' W" Vaughan, \ ^^^^^• 
Rich'^ Waldron, Esq. 
The Bill for taking affidavits out of Court was sent down 
to the House of Representatives by Mr. Charles Story, Sec- 
retary, with an amendment. 

The said Bill was sent up from the House of Represen- 
tatives and amended, past, and ordered to be Engrossed. 
Adj'' till to-morrow morning, eight o'clock. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 139 ' 

[p. G9.] Province of New Hampshire. 

At a Council and Gen" Assembly, held by 
adj' on Saturday, the 21^' of June, 1701, 
ante merediem. 
Present, 
The Hon'^^** W'" Partridge, Esq., L* Govern', 
John Hinkes, ) -ri Peter Coffin, ) ^ 

Eobert EUott, \ ^^^l^'^' W™ Vaughan, j ^®^^'^- 

Richard Waldron, Esq. 
An addition to a former Act relating to sloops and other 
vessels above twelve tons, to pay powder money for one 
year from the date thereof, was sent up by the House of 
Representatives and read at this Board. 

Tlie Bill relating to the repairing his Maj'ty's highways 
within this Province, being formerly sent down to the House 
of Representatives by Mr. Dudly, one of the members of 
the said House, being as foil. : 

21^t June, 1701. 
Voted that for the reimbursing the Hon'^'" W'" Partridge, 
Esq., our L' Govern'', in part, for what he have expended 
for the use of this Province, that he shall have one hundred 
pounds paid out of the next assessment that is made in 
this Province, and also that tliere shall be paid to Sir 
Henry Ashurt, so much as shall malce up that we gave him 
the 8"^ March, 1700, — one hundred pounds curr' money 
of New England. 

Past by the Assembly — Nemine contradicente. 
Consented to by the Council. 

Henry Dow, Clerk joro tempore. 

Another Vote was sent up, per ditto, being as foil : 

21^' June, 1701. 
Voted that Mr. Charles Story shall have twelve pounds 
paid him out of the next assessment made in this Province 
as a gratification for his extraordinary service done for said 
Province. 

Consented to by the Council ; Past by the Assembly — 
Nemine contradicente. 

Henry Dow, Clerk pro tempore. 



140 PROVINCE OF NEW-HAMPSHIRE. [1701. 

The petition of Natli' Aycrs, smith, was sent back to this 
Board from the House of Representatives, with a vote that 
they granted liis petition. 

Tlie petition of sundry ordinary keepers was sent np to 
this Board from the House of Representatives, with this 
answer : That they had read the same three times and see 

no cause to pass it. 

[p. 70.] The petition of Samuel Comfort, Oar-maker, 
was brought up to this Board, from ditto, who thought it 
not convenient to do any thing about it. 

These several Bills, having been read a third time and 
passed both Houses, to be enacted, were consented to by 
the L* Govern'' and by him signed accordingly : 

An Act for taking Affidavits out of Court ; 

An Act for Regulating of Seamen ; 

An Act for Repairing his MaJ'ty's Highways, <fec. 

And then the Lt. Govern'" adj'' the Assembly till Wednes- 
day the IG"' of July next, 12 of the clock. 



Province of Xew Hampshire. 

At a Council and Gen" Assembly held at 
Portsm° Ijy adj' on Wednesday, the 16^^ 
July, 1701, post merediem. 
Present, 
The Hon. W^"^ Partridge, Esq., L* Govern'', 
Nath' Fiyer, ) W'" Vaughan, J 

Peter Coffm, V Esqrs. John Gerrisli, > Esqrs. 

Robert Ellott, ) Richard Waldron, ) 

The petition of Benj. Shaw on behalf of his son Roger 
Shaw, was read and on file. 

Ordered that Benj. Fifield and Thomas Roby appear at 
the Board to-morrow at 4 of the clock in the afternoon, and 
bring with them their acc"% how, and to whom, they paid 
the Publick money which they had warr*"" to collect accord- 
ing to the Act of Assembly, in order to adjusting ace"* with 



1701.] JOURNAL OP COUNCIL AND ASSEMBLY, 141 

the Treasurer for the same ; And that the Secretary make 
forth a summons accord higly. 

An additional Act to the Law, Title Marriages, was read 
at this Board. 

[p. 71.] The House of Representatives sent up to this 
Board, to pray their Hon'''' would consider of the former pro- 
posals about settlem* of Towns^P^ and Town Bounds. 

Adj'' till to-morrow morning, eight of the clock. 



Province of New Hampshire. 

At a Council and Gen'^ Assembly, held 
at Portsm" by adj' on Thursday, the 17'** 
of July, 1701, Ante merediem. 
Present, 
The Hon"*= W'" Partridge, Esq., L' Govern'", 
Peter Coffin, ) ^ W™ Yauglian, ) ^ 

Robert EUott, \ ^^^''^' John Gerrish, J ^''-^'''^• 

Richard Waldron, Esq. 
The Lt. Govern'' produced a Letter directed to this Board 
and House of Representatives, under the hand of Isaac 
Addington, Esq., Secretary of tlie Massachusetts Govern- 
ment, dated at Boston, June ultimo, 1701, relating to the 
laying impositions of tonnage and other duties, upon open 
vessels trading betwixt that Governm' and this, was read at 
this Board and sent down to the House of Representatives. 
A vote was sent up by the House of Representatives, re- 
lating to the sending an answer of said Letter ; and that 
an Act l^e past to repeal a former Law about small vessels 
paying tonnage and other duties, <fec., trading betwixt the 
Massachusetts Governm' and this Governm'. 

Benj. Fifield and Thomas Roby appeared according to 
summons, and being examined what sum' of money they 
were in arrear, and what was found to be so in arrear they 
were ordered to pay it to the present Treasurer in a week's 
time, who accordingly promised to pay the same. 



142 PROVINCE OP NEW-HAMPSHIRE. [1701. 

The petition of Bciij. Shaw was read again at this Board, 
relating to money due his son Roger Shaw, for working at 
tlie fort at New Castle, and upon examination of the same, 
it is found that the said Benj. Shaw was paid for what was 
due for his son Roger Shaw's work as aforesaid, by Con- 
stable Roby of Hampton. 

Mr. Francis Tucker, his ace" am'* to eight pounds for 
Rent of the warehouse for the fort, from the 8"' April, 1699, 
to 8"' April, 1701, was allowed and ordered to be paid out 
of the next Rate. 

[p. 72.] W™ Partridge, Esq., L* Govern'", produced an 
ace" to this Board for sundries owing him by the Province, 
amounting to four pounds, eight shillings and four pence, 
was allowed at this Board, and ordered to be paid by the 
Treasurer. 

Mr. W™ Cotton's acc«« from Febr'y, 1699, to Sept'"" 1700, 
for riding, &c., about Province Business, was read, amount- 
ing to three pounds ; allowed but two pounds ten shillings 
thereof. And ordered to be paid by the Treasurer out of the 
next Province Rate. 

John Hinkes, Esq., produced his ace"' to this Board, re- 
lating what was due to him from the Province for the ser- 
vice of himself and soldiers at the fort W™ and Mary, wnth 
other articles in said acc"% from the 17"' of May^ 1700, to 
the 17"' of May, 1701, amounting to 78"*: 6' : 3'', was read 
and allowed of, and ordered to be paid by the Treasurer, 
out of the next Province Rate. 

Samuel Comfort's Ace" being read at this Board, Amount- 
ing to one Pound, eight shillings and six pence, was al- 
lowed — being for five square Ashen Oars, 17 foot each, for 
the Fort boat ; And ordered that the same be paid out of 
the next Province Rate. 

Adj'^ till 8 o'clo'ck to-morrow morning. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 143 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm'^ by adj', on Friday, the 18'" July, 
1701. 

Present, 
The Hon. W™ Parkidge, Esq., U Govern^ 

Robert Ellott, ) ^ W- Vaughan, ] ^ 

Peter Coffin, \ ^"•^''^- John Gerrish, j ^^^^'^* 

Richard Waldron, Esq. 

The petition of Major W™ Yaiighan, Recorder, was read 
at this Board, relating to a complaint exhibited against him 
to the House of Representatives, by Messrs. Sam' Penhal- 
low and Sam' Keais, for his, the said Yaughan's refusing 
to give them a Deed of Gift, given him to Record, &c., in 
which petition said Yaughan prays to have a hearing 
[p. 7o.] before the Lt. Govern'' and Council, and that time 
be given him to make his answer to said complaint. 

Ordered, that Major W" Yaughan be allowed a hearing, 
and have time to answer to said complaint till to-morrow 
morning, by the 10 of the clock, and that all parties con- 
cerned have notice thereof given them by the Secretary, to 
attend at the Council Board accordingly. 

A vote sent up by the House of Representatives that for 
time to come the clerk of the Assembly, and in his absence 
the clerk jj)?-o tempore^ shall be allowed 18'' per diem, to be 
paid out of the puljlick Treasury for his writing and finding 
])aper, etc., was read. 

The following vote was sent up to this House, viz. (in 
hcec verba.') 

To prevent any difference that may arise concerning the 
Bounds of the Respective Towns, within this Province, 
This House prays that the said Bounds may be ascertained 
as near as may be according to former settlement, and that 
such land lying between Portsmouth and Exeter as hath not 
hitherto Ijeen within any town may be now laid out to 
some next most convenient Town or Towns, as shall be 



144 PROVINCE OF NEW-HA3IPSHIRE. [1701. 

thought most meet, — And this to 1)C enacted into a Law for 
the more sure confirmation thereof. 

By order of the Assembl}^, 

Henry Dow, Clerk, pro temiwre. 
Adjourned till 2 o'clock this afternoon. 



Pro. of New Hamp.shire. 

At a Council and Gen" Assembly, held by 
adj' at Portsm° on Friday, the 18"' J^^ly, 
1701, Post mcrediem. 
Present, 
The Hon'^'« W" Partridge, Esq., L* Govern"-, 
John Hinkes, \ W'" Vaughan, \ 

Rob' EUott, [ Esqrs. John Gerrish, } Esqrs. 
Peter Coffin, ) Rich-' Waldron, ) 

X. vote sent up from the House of Representatives, that 
a Committee be appointed to copy out such Laws as hath 
formally been passed in this Province, what sliall be 
thought needful against the next sessions of the House in 
order to be printed. 

[p. 74.] A vote sent up, ditto, that an Act be passed 
that no shop-keeper be permitted to keep a Publick House 
nor retail any manner of strong drink, and that from this 
day they shall be allowed three months and no longer to 
sell what they have laid in, notwithstanding any law, usage 
or custom to the contrary. 

Read at this Board and past the Council. 
An order for the better settlement of the Bounds be- 
tween Portsm", Hampton and Exeter was read at this 
Board and upon file. 

Ordered, that the Secretary make attested copies, and 
send one to Hampton, Exeter and Portsm'' each. 
' Adj'^ till 8 o'clock to-morrow morning. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 145 

Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm" by adj', on Saturday, the 19"' 
July, 1701, ante merediem. 
Present, 
The Hon'^^^ W™ Partridge, Esq., L* Govern'', 
John Hinkes, ^ Peter Coffin, ^ 

Nath' Fryer, > Esqrs. W'" Vaughan, \ Esqrs. 

Robert Ellott, ) John Gerrish, ) 

Richard Waldron, Esq. 
The petition of Nath' Ayres, relating to a case depending 
between him and Abraham Clements, was read again at this 
Board. 

Ordered, that the said petition be granted and that the 
Secretary issue forth a supersedeas to stop the executing 
execution ag^' Nath' Ayres in said case. 

The petition of Major W™ Vaughan, Recorder, was again 
read at this Board, relating to the compP exhibited ag""' him 
to the House of Representatives by Messrs. Sani^ Penhal- 
low and Sam^ Keais, &c. 

An answer also to the com})l* aforesaid was deliv'^ in 
writing to the Board by said Major Vaughan, and read 
accordingly, as upon file. 

Upon a full hearing of the said [p. 75.] complaint all 
parties being present and Major Vaughan's answer thereto: 
The L* Governor and Council do adjudge and order 
that the original Deeds of Gift mentioned in said compl' 
remains in Major Vaughan's hands ; and that the said 
Vaughan, as Recorder, if said Deeds be not already Re- 
corded, forthwith record the same, and give copy or copies 
thereof attested as Recorder, to the compl*^ or any other 
person concerned when regularly demanded of him. 

Whereas a vote was sent up to this Board on Thursday 
last, from the House of Representatives, that an Act be 
past to repeal a formed Law about small vessels paying ton- 
nage and other duties, ttc, trading betwixt the Massachu- 
10 



146 PROVINCE OP NEW-HAMPSHIRE. [1701. 

setts Governm* and this Governm^ and because the said 
Act is near expiring, 

Ordered that the Treasurer, or any other officer appointed 
for collecting said duty, do hereafter forbear the demanding 
or receiving any such duty, according to the tenor of the 
said former act, more than what was accustomary before 
said act was made, and that the Secretary give notice to 
said officers accordingly. 

Major W™ Yaughan took the oath of Recorder of this 
Province, diligently and faithfully to discharge his said 
office according to the best of his understanding. (Oath 
upon file.) 

Ordered that the several Constables hereafter named, 
who were Constables in the year 1698, have notice given 
them by the Secretary, to appear at this Board on Thurs- 
day, the 14* August next, at 2 o'clock in the afternoon, 
and bring with them their acc**% how and to whom they 
paid the publick money which they had warr'^ to collect, 
according to Act of Assembly, in order to adjusting ace"' 
with the Treasurer. 

constables' names. 

Dover, James Bunker ; Portsm., Joshua Pierce ; Exeter, 
J^rem. Gillman and Andr. Wiggins, Jr. 

A vote was sent up to this Board by the House of Repre- 
sentatives, that Richard Jose, Esq., have six pounds paid 
him for extraordinary service by him done for this Prov- 
ince, out of the next Province Rate, which was read at this 
Board, and allowed and approved of accordingly. 

A vote was sent up to this Board by the House of Repre- 
sentatives, in hec virba : 

3Iay it please your Hojf^ : One of the members of this 
House belonging to Hampton, having by his misdemeanor 
contrary to the orders [p. 76.] of the House, occasioned his 
dismission from the House, the others belonging to Hamp- 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 147 

ton humbly pray the vacancy may be made up by order of 
the House of Representatives. 

Theodore Atkinson, Clerk. 

Ordered that a writ go out directed to the Sheriffe for the 
election of a new member of said House to appear next 
sessions of Gen" Assembly. 

The L' Govern"" adj*^ the Assembly till Thursday, 14'*^ 
August, 1701. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm"* by adj' on Thursday, the 14* of 
Aug., 1701. 

Present, 
The Hon''^'^ W"^ Partridge, Esq., L* Govern^ 
John Hinkes, ) y W™ Yaughan, ) y 

Peter Coffin, ) *^ * John Gerrish, ) ^ 

Richard Waldron, Esq. 
Jeremiah Gillman, one of the Constables for the town of 
Exeter, in the year 1698, appeared at this Board according 
to summons in order to give an account how, and to whom, 
he paid the publick money which he had warr"* to collect 
according to act of Assembly. 

Ordered, that the said Gillman do make up said ace" with 
the present Treasurer within 14 days' time, and to pay the 
balance of the said acco" to said Treasurer. 

James Bunker, Constable of the Town of Dover in the 
year 1698, appeared at this Board according to summons 
to make up his ace" as abovesaid. 

Ordered, that the said Bunker pay to the Treasurer of 
said Province, one pound twelve shillings, in fourteen days' 
time. 

Joshua Pierce, one of the Constables for the Town of 
Portsm" in the year one thousand six hundred ninety-eight. 



148 PROVINCE OP NEW-HAMPSHIRE. [1701. 

appeared at this Board according to summons, to make up 
his ace"" as abovesaid. 

Adj^i till the 28*" day of August, Inst., at 12 of the clock. 



[p. 77.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm° by adj*, on Thursday, the 28* 
AugS 1701. 

Present, 

The Hon^^o W" Partridge, Esq., L* Govern^ 

W™ Vaughan, Esq. Peter Coffin, Esq. 

John Gerrish, Esq. 

There not being a full Council, the L' Govern'^ adjourned 

this Board till to-morrow morning, eight of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly held by 
adj* at Portsm", Friday, the 29*'' Aug*, 
1701. 

Present, 
The Hon'''^ W° Partridge, Esq., L* Govern'-, 
John Hinkes, ) Robert Ellott, J 

W™ Vaughan, V Esqrs. John Gerrish, \ Esqrs. 

Peter Coffin, ) Richard Waldron, ) 

Adj. till 8 o'clock to-morrow morning. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 149 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm'' by Adj', on Saturday, the oO^ 
AugS 1701. 

Present, 
The Hon^'« W" Partridge, Esq., L* Govern'', 

John Hinkes, ^ W" Vaughan, \ 

Rob' Ellott, S Esqrs. John Gerrish, { Esqrs. 

Peter Coffin, ) Richard Waldron, ) 

Capt. Aaron Everdon, command"^ of the ship Hope, hav- 
ing made application to this Board, to be abated as to pay- 
ing of powder money for said ship. 

Ordered, that said ship pay one half quantity of powder 
or money equivalent of what she use formerly to pay, and 
no more for this present voyage, and that an Order go to 
the Treasurer accordingly. 

Letters about a quota of men to be sent to New York, 
and a letter about making a Law, that an Act be made to 
[p. 78.] prevent the spoiling of trees fit for the service 
of His Maj'ty's Navy, was sent down to the House of Rep- 
resentatives. 

The said Letters were sent up again from the House of 
Representatives to this Board, with a vote, as upon file. 

Richard Waldron, Esq., was sent down to call up the 
House of Representatives to this Board, who accordingly 
came, and the Lt. Govern'' was pleased to 

Adjourn them till Wednesday, the 10* of Sept. next, a 
12 of the clock. 



150 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by adj*, at Portsm% on Wednesday, the 
lO'"^ September, 1701. 
Present, 
The Hon^^* W" Partridge, Esq., L' Govern', 
Peter Coffin, Esq., W™ Vaughan, Esq., 
Rich'' Waldron, Esq. 
' There not being a full Council the Lt. Govern"^ was pleased 
to adjourn this Board till to-morrow morning, eight of the 
clock. 

Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by adj' at Portsm° on Thursday, the 11*'' 
of Sep'"', 1701, Ante merediem. 
Present, 
The Hon'"^ W" Partridge, Esq., L* Govern'', 
John Hinkes, ) j, - Peter Coffin, \ ^ 

Robert Ellott, j ^^'^''^' W" Vaughan, \ ^^'^'^' 

Richard Waldron, Esq. 
Vote was sent up to this Board from the House of Rep- 
resentatives, by Mr. Theophilus Dudly, that all actions 
above 40' shall first be brought at the Inferior Court of 
Common Pleas, and that either party shall have liberty to 
Review said action once, and no more, and an appeal be al- 
lowed to the Superior Court, and a review to be allowed at 
that Court once and no more ; and if true value of the 
thing sued for be above the value of 100"'® sterling, then 
either party shall have an appeal to the Govern"" and Coun- 
cil at this Board ; — and past the Council. 
Adj*' till 3 o'clock in the afternoon. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 151 

[p. 79.] Province of New Hampshire. 

At a Council and Gen^ Assembly, held 
at Portsm", by Adj', on Thursday, the 
llth 7br^ 1701^ Post merediem. 
Present, 
The Hon'''^ W™ Partridge, Esq., L* Govern^ 
John Hinkes, ) ^ Peter Coffin, ) ^ 

Robert Ellott, \ ^^'^'^' W" Yaughan, ] ^*^'^^- 

Richard Waldron, Esq. 
Mr. Nath. Hill, one of the House of Representatives, 
brought up to this Board the foil, vote, viz., 

Voted, that all grants of Lands heretofore made either 
by the Town or Select men of the several Towns within this 
Province, shall stand good and valid to the Grantee, his 
Heirs, Executors and Assigns forever. 

By order of the Representatives, 

Theodore Attkinson, clerk. 

Adj'^ till eight o'clock to-morrow morning. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by adjmS on Friday, the 12"» 7^', 1701, 
Ante merediem. 
Present, 
The Hon'^''^ W" Partridge, Esq.', L* Govern^ 
John Hinkes, ) t^, Peter Coffin, ) -r;, 

Robert Ellott, \ ^''^''' W" Yaughan, \ ^''^''' 

Richard Waldron, Esq. 
A Bill for Regulating of Trials in civil causes was sent 
up to this Board by the House of Representatives. 

Yote sent up by the House of Representatives, relating 
to all grants of Lands heretofore granted by the several 
Towns, select men, or Committees, shall be good to the 
grantee, his Heirs, Executors and Assigns forever ; — read 



152 PROVINCE OF NEW-HAMPSHIRE. [1701. 

at this Board (as upon file), who passed said vote, and Or- 
dered that a Bill be prepared accordingly. 

The petition of the select men of Exeter was read at y* 
Board relating to their Town Bounds as upon file. 

[p. 80.] The petition of several of the inhabitants of 
the town of Exeter was read at this Board, relating that 
they may continue and belong to the said Town of Exeter, 
and not be put or joined to any other Town. Order upon 
Petition. 

The Bill to prevent contention and controversy that may 
arise concerning the Bounds of the respective Towns within 
y* Province was three times read at this Board and past by 
the Council, and sent down to the House of Representatives 
in Order to be engrossed. 

Adj'^ till 3 o'clock, Post merediem. 



Province of New Hampshire. 

At a Council and Gen'^ Assembly, held at 
Portsm" by adj' on Friday the 12"' 7br, 
1701, Post merediem. 
Present, 
The Hon'^'« W'» Partridge, Esq., L* Gov., 
John Hinkes, ) ^ Peter Coffin, ) p 

Pvob* EUott, \ ^^^^' W"' Vaughan, \ ^^^^' 

Rich"^ Waldron, Esq. 
A vote for raising of five hundred and fifty pounds for 
defraying the Province ingagements, and laying before his 
Maj'ty the great grievances of this Province, was sent up to 
this Board by the House of Representatives, and read and 
past, and ordered that a Bill be drawn accordingly. 
Adj'' till to-morrow morning, eight of the clock. 



1701.] JOURNAL OF COUNCIL AND ASSEMBLY. 153 

[p. 81.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm° by adj* on Saturday, the 13"^ 
7br, 1701. 

Present, 
The Hon'^^'' W" Partridge, Esq., L* Gov''., 
John Hinkes, ) y Peter Coffin, ) ^ 

Rob' Ellott, i ^^'^^' W"^ Yaughan, \ ^^^^^ 

Richard Waldron, Esq. 
The Bill for raising of five hundred and fifty pounds was 
read three times at this Board, and past the Coiuicil, and 
ordered to be engrossed. 

The Bill for confirmation of Town Grants was three 
times read at this Board, and past by the Council, and 
ordered to be engrossed. 

These several Bills following, having past both Houses to 
be enacted, were consented to by the L' Govern'' and by 
him signed accordingly. 
An Act for the conflrmation of Towai Grants. 
All Act for raising 550"''* for defraying the public charge of this 
Province. 

An Act to prevent contention and controversy that may arise 
concerning the Bounds of Respective Towns within this Province. 

The L' Govern'', with the advice of his Council, pro- 
rogued the Assembly till the 2'' of October next, at twelve 
of the clock. 

[p. 82.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm" by adj' on Thursday, the 
2" October, 1701. 
Present, 
The Hon'^"^ W" Partridge, Esq., L' Govern"", 
John Hinkes, ) t, W" Vauft-han, ) ^^ 

Rob' Ellott, ! ^^^^- John Ge?rish; \ ^'^'' 

Richard Waldron, Esq. 
The L' Govern'' adj"^ the Council till to morrow, eight of 
the clock. 



154 PROVINCE OF NEW-HAMPSHIRE. [1701. 

Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm" by adj' on Friday, the 3'' of 
October, 1701. 
Present, 
The Hon'^'*' W°^ Partridge, Esq., L* Govern'", 
John Hinkes, \ W™ Vaughan, ^ 

Rob* Ellott, > Esqs. John Gerrish, > Esqs. 

Peter Coffin, ) Richard Waldron, ) 

A vote was brought up from the House of Representa- 
tives to this Board, that an Act relating to Courts be fairly 
drawn out and engrossed. 

Henry Dow, Clerk joro tempore. 
Adj*^ till to morrow morning, eight of the Clock. 



[p. 83.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm° by adj* on Saturday, the 4"' 
of October, 1701. 
Present, 
The Hon^^*' W° Partridge, Esq., L' Gov% 
John Hinkes, ^ W'" Vaughan, ^ 

Robert Ellott, | Esqs. John Gerrish, V Esqs. 

Peter Coffin, ) Richard Waldron, ) 

The petition of James Philipps, relating to his wages 
due as a soldier at the fort W"" and Mary to the 17'^' of 
May, 1701, was read at this Board. 

Mr. Hinkes gave answer to said petition, being Capt. of 
this fort, that it was all paid to said time. Petition on file. 
The Bill entitled an Act for regulating of trials in civil 
causes, having been read three times and past both Houses, 
was consented to by the L* Govern"", and by him signed 
accordingly. 

Prorogued till the 1*' Tuesday in April next. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 155 

The General Assembly was further prorogued till Tues- 
day, the 12*^ of May next, by order of Council the 28*'' of 
March, 1702, by way of proclamation. 



[p. 84.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
by Prorogation on Tuesday, the 12"* day 
of May, 1702. 
Present, 
The L* Govern' W^ Partridge, Esq., 
John Hinks, ) ^ W" Yaughan, } ^ 

Robert EUott, j ^^^^' John Gerrish, ] ^^^^' 

Richard Waldron, Esq. 
John Hinkes produced his debenter into this Board for 
his salary and wages for himself and the soldiers at the 
fort W" and Mary, from the 17*'^ May, 1701, to the 17'^ 
May, 1702, amount to 75^'^' 10* 00'^ ; was allowed and ap- 
proved of. 

Adj'' till to morrow morning, 9 of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm° by prorogation, on Wednesday, the 
IS*** of May, 1702, Ante merediem. 
Present, 
The Hon"'' W" Partridge, Esq., L* Govern'', 
John Hinkes, ) ^ W™ Yaughan, } y 

Robert Ellott, \ ^^^^' John Gerrish, j ^^^^* 

Richard Waldron, Esq. 
Mr. Charles Story, Secretary, was sent down to the 
House of Representatives by the L' Govern'', to lay before 



156 PROVINCE OF NEW-HAMPSHIRE. [1702. 

them an estimate of what is wanting to the fort W™ and 
Marj, &c.; which was accordingly laid before them in 
writing, and upon file. 

James Phillips having this day brought in his acc*^* for 
arrears of wages, due to him from the 15*"^ of March, 
1695-6, to the IV" of May, 1701, being 5 years, 2 months 
and 2 days, at 26""' per annum, and [p. 85.] there appearing 
to be 6'" : 9^ : 02'' due to the said Phillipps, more than 
the Capt. of the fort hath rece*^ for that time, 

Ordered, that the said 6"^: 9*: 02^^ be paid out of the 
Treasury of this Province, and the Secretary make out an 
order accordiiigly. 

Mr. Nath' Hill brought up to this Board a Bill for the 
continuing several rates and duties of custom, excise, im- 
post and powder money, or Tonnage of Shipping, was read 
at this Board. 

Adj'^ till to morrow morning, 9 o'clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm° by adj^ on Thursday, the 14*^' 
May, 1702. 

Present, 
The Hon"^'^ W"^ Partridge, Esq., D Govern^ 
John Hinks, ) -^ John Gerrish, ) -i^ 

W- Vaughan, \ ^^^'''- Richard Waldron, j ^^^''^• 

Capt. John Gerrish, being sent down by the L* Govern'^ 
to the House of Representatives to require their appear- 
ance at the Council Chamber, and they appearing accord- 
ingly, the L' Govern"" was pleased to adjourn the Assembly 
to Thursday, the 28"' curr*, 

And the Council till tomorrow, 9 o'clock in the morning. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 157 

[p. 86.] Province of New Hampshire. 

At a Council and Gen" Assenil)ly held 
at Portsin° by adj', on Thursday, the 
28"^ of May, 1702. 
Present, 
The Hon"'' W™ Partridge, Esq., L' Govern'', 
John Hinkes, ) -n, Peter Coffin, ) t^ 

Nath. Fryer, \ ^''^''- W" Yaughan, \ ^''^''- 

Richard Waldron, Esq. 
The Bill for continuing several rates and duties of Cus- 
toms, Excise, Impost and powder money, or Tonnage of 
Shipping, was read a second time at this Board. 
Adj'' till tomorrow morning, 9 of the clock. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm°, by adj', on Friday, the 29"^ 
of May, 1702. 
Present, 
The Hon''^^ W^ Partridge, Esq., L* Govern'', 
Nath' Fryer, ) ^ Robert Elliott, ) ^^ 

Peter Coffin, j ^''^''' AV- Vaughan, J ^'^''' 

Richard Waldron, Esq. 
A vote was sent up from the House of Representatives Ijy 
John Tuck, one of the members of said House, in hcec verba : 
Voted, that Major W^ Vaughan be supplied with twenty 
pounds out of the Publick Treasury, for his passage and 
accommodation in going for England, as Agent for the 
Province. 
Past by the L* Govern'' and Council. 

Cha. Story, Secretary. 
Past by the Assembly, 

Henry Dow, Clerk pro tempore. 

[p. 87.] Pursuant to an order of Council of the 3'^ of De- 
cember, 1701, which was directed to several persons therein 



158 PROVINCE OF NEW-HAMPSHIRE. [1702. 

mentioned, to run the lines between Town and Town in said 
Province, with such others as the select men of the several 
Towns should send with them, did this day make their 
return of the lines and Bounds between Town and Town ; as 
upon file, which was allowed and approved of by the Council. 

And ordered, that the persons who took such care and 
diligence in running said lines or Bounds be justly paid 
out of the publick Treasury of this Province, when the 
next rate shall be paid, each person to have 3* per diem. 

A vote was sent up to this House that an address and 
memorial relating to the affairs of this Province, as upon 
file, be sent by the L' Govern"", Council and Representatives 
to his Maj'ty, as also a Commission for Major W™ Vaughan, 
to go Agent to England for said Province, to transact and 
manage all matters and affairs relating to the Quota of 
men and money for New York, and the complaints made 
against said Province, &c., which was read at this Board 
and approved of. 

The Bill for continuing several rates and Duties of Cus- 
tom, Excise, Impost and Powder money, or Tonnage of 
Shipping, being read a third time, and having past both 
Houses to be enacted, were consented to by the L' Govern'^ 
and by him signed accordingly. 

Adj'' till tomorrow morning, 9 of the clock. 



[p. 88.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm", by adj', on Saturday, the 
30"' of May, 1702. 
Present, 
The Hon^"' W™ Partridge, Esq., L* Govern'", 
John Hinkes, ) -^ Peter Coffin, ) ^^ 

Nath. Fryer, \ ^^^^^- W™ Vaughan, j ^^^^^• 
Richard Waldron, Esq. 
John Cross appearing at this Board and acquainting their 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 159 

Hoii''^ he hath arrears due to him as a soldier at the fort 
W'" and Mary, for service done some time before the IT"' 
of May, 1701 ; and having examined his debenters, and 
what money hath been paid him before said 17"* of May, 
1701, find there is due to him from the Province, 6"'=" 9* 
more than the Capt. of the fort rec'd for him ; which, when 
paid, is in full of said Cross his wages to the said 17* of 
May, 1701, excepting 4"', which is supposed to be in Mr. 
Penhallow's hands. 

Ordered, that the Treasurer pay the same out of the first 
money that shall be raised by the Province for payment of 
such debts, and that an order go from the Secretary ac- 
cordingly. 

Mr. Theophilus Dudly brought up a vote from the House 
of Representatives to this Board, in heec Verba : 

Voted, that Mr. Charles Story, for his late extraordinary 
service done the Province, be paid six pounds by the Treas- 
urer out of the first income of the River. 

Past by the Assembly. 

Henry Dow, Clerk pro temjjore. 

Read at this Board and ordered that the Treasurer pay 
the same accordingly. 

[p. 89.] Mr. Theophilus Dudly brought up a vote, ditto: 

Whereas, Mr. Leverett and Mr. Dudly were sent for by 
the Assembly to be helpful in the Province concerns, and 
they being satisfied ten pounds each, as a gratification for 
their pains by the Treasurer, 

Voted, that the Treasurer be reimbursed the said twenty 
pounds, out of the next assessment made in y* Province. 

Past by the Assembly. 

Henry Dow, Clerk j^ro tempore. 

Read at this Board and approved of. 
Mr. Nath' Hill brought up a vote, ditto : 
Voted, that Capt. Mark Hunkin be desired to accompany 
Major W™ Vaughan to Boston, and that the charge be 



160 PROVINCE OF NEW-HAMPSHIRE. [1702. 

defrayed by the Public Treasurer, out of tlie next assessm*. 
Past by the Assembly. 

Henry Dow, Clerk pro tejnjjore. 

Read at this Board and approved of. 

Theodore Atkinson, Esq., his debenter amo. to 5"'^ 1^ 00'', 
being read at this Board was allowed and approved of. 

Ordered to be paid out of the next Province Rate. 

Patience Atkins' Debenter being read at this Board, Am'' 
to 5^''% was allowed and approved of. 

Ordered that the Secretary make out an order to the 
Treasurer to pay the same. 

Mr. Theophilus Dudly brought up a vote from the House 
of Representatives to this Board, in ha3C verba : 

Voted, that what ever Major Vaughan shall have occa- 
sion for as Agent, besides oOO""'' formerly granted to nego- 
tiate the affairs of this Province, before his Maj'ty in 
England, that an Act be past for raising of 200"'^ more, in 
case he should have occasion for it. 

Read at this Board and approved of. 

Past by the Assembly. 

Henry Dow, Clerk pro tempore. 

[p. 90.] Mr. Charles Story, Secretary, was sent as a mes- 
suage to the House of Representatives, in order to call said 
House to have a Conference with this Board. 

Mr. Theophilus Dudly brought up a vote from the House 
of Representatives, in ha3C verba : 

Whereas Major W™ Vaughan, Recorder of this Province, 
is going for England, and no person yet appointed for to 
receive said Records, and they being put into his hands by 
Act of General Assembly, 

Voted, that Mr. Samuel Penhallow be Recorder, and to 
Act therein as the Law direct, and that the said Major 
Vaughan deliver all the Records in his custody to the said 
Sam' Penhallow. 

Past by the House of Representatives. 

Henry Dow, Clerk pro tempore. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY, 161 

Allowed and approved of by the Council. 

Whereas Major W™Vaughan, Recorder of this Province, 
is employed in a "^oyage for England on the Publick service 
of the Province, 

Voted, that the said Yaughan do forthwith deliver iinto 
Mr. Samuel PenhalJ^w, all the Records of this Province 
now in his hands, both Books and files, and that the said 
Penhallow do execute the office of Recorder until the said 
Vaughan's arrival again into this Province ; And then the 
said Sam^ Penhallow to redeliver the said Records into the 
hands of the said W™. Yaughan ; and now to give the said 
Yaughan a receipt for the same accordingly. 

Past by the L' Govern'' and Council. 

Charles Story, Secretary, 

By the Assembly, 

Theodore Attkinson, Clerk, 

Mr, Charles Story, Secretary, was sent by this Board to 
the House of Representatives, to lay before them an esti- 
mate of the Provincial Debts, which accordingly was done. 
Copy of said estimate on file. 

Adj^^ till Tuesday, the ^0'^ of June next. 



[p. 91,] Province of New Hampshire, 

At a Council and Gen'^ Assembly held 

at Portsm° on Tuesday, the 30"' June, 

1702. 

Present, 

The Hon"^^ W" Partridge, Esq., L* Govern^ 

John Hinkes, Esq., Nath. Fryer, Esq., 

Peter Coffin, Esq. 

There not being a full Council the L* Govern"" adj'^ this. 

Board till tomorrow morning, 9 of the clock. 
11 



162 PROVINCE OF NEW-HAMPSHIRE. [1702. 

Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm" on Wednesday, the first 
day of July, 1702. 
Present, 
The Hon""^ W^ Partridge, E^., L* Govern'-, 

John Hinkes, ^ 

Nath. Fryer, V Esqrs. Robert Ellott, ) ^.^ ,g 

Peter Coffin, ) Eichard Waldron, j ^ 

An Information was sent up to this Board from the 
House of Representatives, in these words, viz : 

Information being given by Sam' Penhallow, Esq., Treas- 
urer, to this House of Representatives, of several sorts of 
lumber in his own, and in several of the constables' hands, 
rec' for the last province Rate, which is now such a Dead 
commodity that it will not fetch such price as was con- 
cluded they would : Our advice, therefore, to the said Sam- 
uel Penhallow is, that he use the best of his skill in dis- 
posing of what lumber is in his own and said constables' 
hands, to the best advantage and benefit of the Province ; 
Rendering a just and true account of what shall be by him 
done on that account. Information upon file. 

By order, Henry Dow, Clerk pro tempore. 

Bead at the Council Board, allowed and approved of. 

Chas. Story, Secretary. 

The House of Representatives sent up the following 
account a])out the Indians, in these words, viz : 

The Representatives l)eing informed that many Indians, 
especially in the town of Portsm", have of late resorted 
thither, and take such measures in going to and fro, and 
viewing almost every House and place, and not only so but 
have been seen by the watch near midnight walking the 
way from the creek to the Bank, saying they walk to take 
the air : These and other of their actions all over the town , 
hath and doth much amuse the people (what the end may 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 163 

be), do therefore in behalf of said town and all the Prov- 
ince, otfer to your Hon""^ consideration these things, hoping 
that care may be taken about said Indians, for the safety of 
her Maj'ty's subjects in this Province, and that such orders 
may by your Hon'"^ be given to the Commission Officers in 
the Province for those ends, as shall be by you thought 
most fit. 

By order, Henry Dow, Clerk pro tempore. 

Read at the Council Board, and ordered that care be 
taken accordingly. 

Chas. Story, Secretary. 

Vote sent up from ditto, viz : 

AYhereas his Excellency the Hon'''"" Joseph Dudley, is 
daily expected to take upon him the Government of this 
Province, and the Hon'^'*^ W'" Partridge being desired to 
entertain him at his house : 

Voted, That the said W"^ Partridge, Esq., be paid out of 
the publick Treasury, for what charge or expense he may 
be at in entertaining him. 

Theodore Attkinson, Clerk. 

Read at the Council Board, allowed and approved of. 

Chas. Story, Secretary. 

Adj*^ till the first Tuesday in August next. 



J/ciivs of the Province of JVeiv-JIamjyshire, from 
1692 to 1702.' 

PASSED UNDER THE ADMINISTKATION OF 

Lieut.-Govenior John Usher, 

Lieut. -Governor William Partridge, 

Governor Samuel Allen, 

Governor The Earle op Bellomont (1), 



[note b\' the editor.] 
Thi-ee several MS. copies of these Laws are found in the office of the Secre- 
tary of State, but somewhat differently arranged. The copy which follows, 
by the Editor, is for the most part a transcript of the oldest, or what appears 
to be the uriginal copy, but revised and arranged agreeably to a copy made by 
the late John Farmer, Escp, and certified by Hon. Thomas Treadwell, former 
Secretary of State. These Laws, with the exception of a few wliich will be 
duly no led, have never before .been printed. For the sake of reference they 
are uuuibered. 



Province of Kew Hampshire. • 

Att a General! Assembly held at Portsmouth, 
in y® Province aforesaide, on y^ first Tuesday 
in October, 1692. 

No. 1. 

An Act for ye Suporte of ye Government, Repairing for- 
tijicatijns, strenything- the frontiers, cfc. 

Wee their Majesties moste Loyall cfc dutifull subjects, 
Representatives of this their Majesties Province, convened 
in general assembly, being sensible of the greate charge & 
expenses w"'' have allready arrisen & must nessesarily bee 
dayly growing and Increasing, in defending & securing of 

(1) The four last of the following Laws were passed subsequent to tlie death of Gov. 
Bellomont, under the admiuistratiou of Lt. Gov. Partridge. 



PROVINCE LAWS. 165 

their Majesties' subjects & interest, and in prosecutino- y^ 
war against there French & Indian enemies, have cheerfully 
& unanimously given & granted, & doe hereby give & 
grante unto there Most Excellent Maj'"''^ their heres & suc- 
cessors, to y® end & Intent afores'^, <fe for y** defraying of 
other nesseary <fe contingent charges in & aboute y" sup- 
porte of y® Government of this theire Majesties' Province, 
those severall assessments following, & humbly beeseecli 
there Maj"*^® to except of y'' same : 

Bee it therefore Unacted & ordained, by the Authority of 
y^ same. That a rate be forthwith made on all p'sons <fe Es- 
tates boatli real & p'sonall, (there Majesties' Counsill, set- 
tled ministers & schoolmasters only excepted) in equall 
proportion as hereafter exprest : That y® Treasurer for y^ 
time being, doe forthwith send forth his warrants to y^ 
Constables & Selectmen of every Towne within y*^ saide 
province, requiring the Constables to ctill together the In- 
habitants of the Townes, who being soe assembled, shall 
choose some one of saide Inhalutants to bee a Commis- 
sioner for the Towne, who together w*'' y^ selectmen shall 
make a list of all y® male p'sons in y'' same town, from six- 
tene years old & upwards, & a trew estimation of all reall 
& p'sonal Estates, being or reputed to bee the state of all 
& every y^ p'sons in the saide town, or any peculiar in y® 
province or otherwise, under their custody or management, 
to y*" just valuation, & to what p'son y^ same doth belong, 
whether in their one towne or elsewhere, so near as they 
cane by all lawful means which they may use, to save of 
houses or Lands of all sorts, as well broken up as other, 
except such as doe or shall lye Common, Mills, Ships, & 
all sorts of small vessels, merchandable goods, cranes, 
wharfs, & all sorts of cattle & other knowen Estates what- 
soever, att sea or on shoare ; all which p'sons & estates are 
by y'' selectmen & Commissioners to bee assessed & Rated 
as hereafter Exprest, viz : Every p'son afores'^ (except be- 
fore excepted), all others, every male at one shilling six 
pence pr head ; and for all such p'sons as by y'^ advantage 
of there trades and arts are more inabled to help bare the 
publiquc charge then common Labourers & workmen are, 
as Butchers, Bakers, Brewers, Vitulars, Smiths, Carpenters, 
Taylers, Shoomakers, Joyners, Barl)ers, Millers & Masons, 
w"" all other mannual p'sons & artificers, are to be rated for 



166 PROVINCE OP NEW-HAMPSHIRE. 

Returns and gaincs proportionalily unto other men for tlie 
produce of theire Estates, and for all such servants and 
children as take not wages there masters or parents shall 
paye for them; But such as take wages shall paye for 
themselves, & all & every p'son aforesaide (Except before 
excepted) shall bee assessed & rated at three pence in y'^ 
pound for every twenty shillings, boath p'sons & Estates 
that shall be found, according to y'^ rates of cattle here- 
after mentioned ; y'^ Estate of all merchants, shop kepers 
and factors, shall be assessed by the Rule of common Esti- 
mation, according to y*" discression of y'^ assesoiis, having 
regard to there stock, being present to vew or not, in whose 
hand soever it bee ; & if any such merchante find themselves 
over vallued & can make it appeare to y'' assesors they are 
to be eased by them ; if not, by y'' next Courte of Quarter 
Sessions held in the Province ; ,& houses & lands of all 
sorts (except before excepted) sliall be taxed at an equall 
and Indiferent valine according to there worth, in the 
place wherein they lye ; and all cattle to hee vallued, every 
Cow at fower years old and npvrards, at fourty shillings, 
heffers & steers of three years old, at thirty shillings, and 
between one and two years old at twenty shillings ; every 
ox at fower years old & upwards, at three pounds ; every 
horse and mare of three yeares old and upwards at three 
pound, and between two and three years old at forty-five 
shillings ; of one years old at sixtene shillings ; every ewe 
sheepe above one years old at five shillings ; every whether 
sheep above a year old, six shillings ; every swine above a 
yeare old, at twelve shillings ; all Cattle of all sorts under 
a year old are herel)y exemted : The foregoing Act to 
stand in force for this particular Rate for this yeare & no 
longer, y"' s'' rate to be forthwith collected & transmitted to 
y" Treasurer of y'' Province, & to be p" in y'" species d., y^ 
prises following, viz : Merchantable pine boards at thirty- 
six shillings pr thousand ; Red Oak hhd. staves att twenty 
shillings pr thousand ; White oak pipe staves at three 
pound pr thousand ; Bcefe at two pence pr pound ; porke 
att three pence pr lb. ; Indian corne at three shillings pr 
bushell ; whcate at five shillings pr liushcll ; malte at three 
shillings pr bushell ; good sound Pease at fower shillings 
pr ])ushel; fish and mackrill at price currante ; and who- 
soever will paye their rates in money shall bee abated 



PROVINCE LAWS. 167 

one third parte, & f Constable of y'' severall Towns in y« 
Province are to collect all the above said Rates and transmit 
them to y' treasurer, and the charges of the Constable in 
sending- in the rates to the Treasurer to be allowed on the 
Publique. John Usher, Left. Govern'", 

Richard Martayne, Speaker. 
Henry Penny, Depity Secretary. 

No. 2. 

An Act concerning ye Prudentiall affairs of ye Towns in 
said Province. 

Bee it Enacted by y® Leftenant G-overnour & Counsill, 
together with the Gcnerall Assembly, & it is hereby en- 
acted l)y y'' authority of y*" same : That it shall & maye bee 
lawful! for y'^ selectmon of each Towne w"' in this Province, 
or the Major parte of them, w"' y" approbation of one Jus- 
tice of y^ Peace, to convene y*^ freeholders of these Towns 
together, to consider, debate & conclude of such things as 
are neassary for y'' prudentiall affairs of there town, as 
often as they shall finde occation ; <fe they or the major 
parte of them soe mett, to make such orders as they shall 
finde necessary for y*^ prudentiall concerns of there towns 
provided the penalty of any default made of such orders 
shall not exceed y® sume of twenty shillings ; & once in y** 
yeare to meet togeather to make choice of selectmen not 
exceeding y'' number of scaven, to manage y'^ prudentiall 
affairs of there towns ; w*''' s'^ Selectmen are to see that 
ther.e towns are provided w"' a stock of powder, w'''' shall 
bee one barrel to every fifty souldiers, and shot proi)ortion- 
ally, with flints : And it is further enacted by y" authority 
aforesaide, that y*" freeholders soe mett shall' make choice of 
meet p'sons for constables, & if y*^ p'son chosen shall re- 
fuse to serve, hee shall paye a fine y'' sum of five [)ounds, 
one half to y® use of y'' towne, & y^ freeholders sliall make 
choyce of another ; as allso to make choyce of overseers 
of y° poor. Packers of porke, beefe and Mackrill, sealers 
of Leather, Cullers of Staves ; to take care they be pro- 
vided w"' a schoolmaster not vitious in conversation : and 
it is further Eitacted by y'' authority afores'', y*^ y*^ select- 
men of each towne within this Province or y° major parte 
of them, w"' a Justice of y*^ Peace, are Lnpow3red to make 
assessments on y^ visible Estates of y*^ Inhabitants, & of 



168 PEOYINCE OF NEW-HAMPSHIRE. 

p'sons according to Yaliiation of there incomes, to defraje 
y*' nesseaiy -charges arising w'^'in there towns, & to give 
warranto unto y*" Constable for collecting y*" same &: paying 
it according to order & warrant given by y"" Selectmen w"' 
one Justice of y^' Peace, & s'' Selectmen are yearly to give 
an account of all money soe raysed by them to one of y'' 
Justices of y*^ Peace w"' three men chosen by y° freeholders 
as a Comitte for y* end, that there may be no damage to 
any man. 

John Usher, Left. Govern'", 
Richard Martin, Speaker. 
Henry Peny, Depity Sec^'. 

No. 3. 
An Act for Defraying the Puhlick Charge of the Province. 

We their Majes'* most Loyall and dutyfull Subjects, the 
Representatives of their Mnj'"''- Province Convened in gen- 
erall Assembly, 

l;)eing sensible of the great charge & expences which 
have allready arisen and must necessarily be dayly growing 
and I]i creasing in defending and Securing Their Majes^^ Sub- 
jects and Interest and in prosecuting of the warr against 
their french and Indian Enemies, have chearfully and unan- 
imously Given and Granted, and doe hereby Give and 
Grant unto their most Excellent Majes'* their heirs and Suc- 
cessors, to the End and Intent aforesaid, and for defraying 
of other nesesary and contingent charges in and about the 
Support of the Government of their Majes*^ province, the 
severall duties. Imposts and Excise on the Wines, Liquors, 
Goods hereafter mentioned, and Humbly beseach their 
Majcs'^ to accept the same. 

And y* maye be Enacted, and be it Enacted by the Lieut. 
Governor, Council, and Representatives, Convened in Gen- 
erall xVssembly, 

And it is hereby Enacted and Ordained by the Authority 
of the same, that from and after the 29"' day of this Inst, 
mouth Octo1)Gr, in the year of our Lord 1692, there shall be 
paid l)y the Inspector for all Wines and Liquors and goods 
hereafter specified, that shall be imported into this Province 
over the Sea, the Rates hereafter mentioned, to the Treas- 
urer or other Officer appointed to Receive the same ; that is 
to say, for every Butt or Pipe of lial Wine or other wines 



PEOVINCE LAWS. 169 

of the Western Island, the sum of ten shillings money ; 
every Pipe of Madera wine thirteen shillings money ; every 
Butt or Pipe of Sherry, Sack, Mallego, Cannary, Masca- 
dalls, Tent and Allegant, Twenty shillings ; and for every 
hou°'' of Brandy, Rum, or other strong distilled Liquors, 
Ten shillings, and so proportionally for greater or Lesser 
Quantities of each particular Liquors : and the better to pre- 
vent fraud, 

Be it further enacted, by the authority aforesaid, that if 
any Master, Mate or purser of any ships or vessel! what- 
soever, or any Merchant, factor or other person whatever, 
shall brake bulk or Land any Liquors aforesaid Vicfore he 
or they have made due entry thereof, both of the Quan- 
tities and Qualitie of such Wines or other Liquors, upon 
Oath if required, and pay such Dutties as ar Requiied by 
this Act to the Treasurer or such otiier person as shall be 
appointed to Collect and Receive the Customs and duty 
aforesaid, then and in such case all such goods as shall be 
landed without entry and Custome made and paid as afore- 
said shall be forfeitted on the Testamony of two or more 
Credible Witnesses as aforesaid. 

And it is further enacted by the Authority aforesaid, that 
all such Wines and Liquors that at any time or times here- 
after shall 1)0 Imported in any ship or vessell from any port 
or place whatsoever out of the Province, shall !>o Landed 
and [lut on shore upon such Keyes and Wharfes and plases 
as shall be appointed, as aforesaid, and at or in no other 
Port, place or time whatsoever, without a permit fi-om the 
Treasurer or Officer appointed, under the penalty of the for- 
feiture of all such wines and Liquors as shall he Landed 
and Delivered from on board any ship or vessell Contrary 
here unto, — one third to their Majes*% one third to t)ie Gov- 
ernor or Lieut. Governor, the other third part to them or 
him that shall sue or Informe for the' same as abovc>aid. 

And be it further Enacted by the Authority afoi'esaid,that 
for all goods, wares and merchandizes whatsoever, that shall 
be Imported into this Province over the Seas after tbe said 
29*'' of October, 1692, (fish, sheep, wove cotton, wool and 
salt, and all sorts of provision only excepted) there shall 
be paid by the Importer or him or them to whom con- 
signed, the several Imposts and duties following. — that 
is to say, for every twenty shillings value shall bo ];aid one 
penny in money, the valluation there of to be as followeth : 



170 PEOVINCE OF NEW-HAMPSHIRE. 

that is to say, for every hundred pounds vahie at the place 
from whence such goods shall come to be accounted here at 
one Inuidred and Ten. pounds, and so in proportion for 
Greater or Lesser Quantities ; and for every hog"'"^ of Mo- 
lasses four pence, and for every hog*'''^ of sugar eight pence ; 
and to the end the said duties last mentioned be duly paid 
and Collected, — 

Be it further enacted by the Authority aforesaid, that 
such goods and Merchandize Imported as aforesaid into this 
province, sliall by the master or purser of said ship or 
vessel as they are Imported in, or the Merchant, factors, or 
other person or persons Importers, being owners or having 
any of the Goods, Wares or Merchandizes Consigned to 
them, that by this Act are Liable to pay Impost or duty, 
such person or persons shall by themselves or Order, cause 
the said goods to be entered with and give the true and 
just value thereof, and true and perfect Invoyce unto the 
Treasurer or other Officer appointed for that purpose, and 
pay their duty, or secure to be paid, the same as by this Act 
is Provided, before such goods. Wares or Merchandize be 
landed or put into any boat or vessell in order to be Landed, 
on the forfeiture of Twenty Shillings Per Ton, according to 
the Burthen of the ship or vessell such Goods or Merchan- 
dizes are Imported in, — one Third to their Majes'% one third 
part to the Governor or Commander in Chiefe for the time 
being, and one third part to him or them that shall sue or 
inform for the same; and the saidTreasurer or Other Officer 
to be appointed as aforesaid are hereby Required Carefully 
and truly to Enter all such goods. Wares and Merchandizes 
with their several markes, Caske, Packes, fardells, Trusses, 
Chests, Truncks and all other things howsoever called or 
distinguislied, with the name of the persons who owneth or 
to whonie the Goods are sent or consigned ; and the Treas- 
urer or other Officers are hereby Required to Demand and 
Receive the severall Duties, Imposts, in this Act before 
mentioned, and in case of the Deniall or delay of payment 
thereof as aforesaid, the said Treasurer or other Officers are 
hereby Iinpowered to levy the same by distress and sale of 
the Goods and Merchandize not paying the Duties as afore- 
said, at the Rates and jirice in the Invoyce thereof men- 
tioned and to have and Receive Twelve pence in the pound 
over and above said duties and Imposts, for his or their time 
of labor therein. 



PROVINCE LAWS. 171 

And it is Likewise further enacted and ordained ]iy the 
Authority aforesaid, that every ship or Vessell above Thirty 
Tons coming into any port or part of this province from 
over the Sea to Trade or Traffick, all or the Major part 
of the Owners whereof are not Actually Inha1)itants of this 
Province, shall, every voyage they make, pay eighteen pence 
in money per Ton, or one pound of powder for the supply 
of their Majest' forts and fortifications within this province, 
to be Rec'' by the Treasurer or such other person or jjcrsons 
as shall be appointed to Receive the same : and it is farther 
Enacted by the Authority aforesaid, that every Merchant or 
other person Importing any wines or other Liquors into this 
province shall be allowed Twelve pr. cent for Leakage, pro- 
vided the said wines or other Liquors have not been filled up 
on l)()ard, and that every hog"'"' of wine or Liquors that 
shall not have full seven Inches Left therein, and every Butt 
or Pipe of wine or other Liquors that shall not have nine 
inches Left therein, shall be accounted for outs, and the 
Merchants or Importers to pay no Impost or Duty for the 
same, any thing here in contained to the contrary notwith- 
standing. 

And it is further Enacted and Declared by the Authority 
aforesaid, that if all or any of the wines or Li(|uors as 
aforesaid be Landed and afterward be Exported out of this 
province within three months after the Importation thereof, 
there shall be Rep^' & discounted by the Treasurer or other 
Officer appointed to Receive the said Impost, unto the Im- 
porters or their Assignees, Two Third parts of what they 
paid or secured to be paid for so inuch as he or they shall 
Export ; — he or they making Oath to the said Officer or 
Officers, who are here by Impowered to Administer the 
same, that it is the same wine or Liquors for which the 
wliole duties hath been paid or secured to be paid, and that 
it is Exported within the time Limitted as aforesaid by this 
Act, Excepting only such wines & Liquors as shall be 
Transported Into the Province of Maine out of this province, 
for which no such Impost shall he drawne back or Received 
as aforesaid, any thing here in contained to the Contrary 
thereof in any wise notwithstanding. 

And it is further hereby likewise Enacted and Ordained 
by the Authority aforesaid, that there shall be given and 
granted to their said Majestys, their heirs & successors, foj- 



172 PROVINCE OF NEW-HAMPSHIRE. 

the use aforesaid, Excise on all Wines and Brandy, Rum & 
other distilled Liquors, Cyder, ale & Bear, which shall be 
sould Ijy Retaile in any Towne or place Avitliin this province 
by those that Retaile, the same in manner and forme as is 
here after expressed & Declared : That is to say, for every 
Butt or pipe of wine fifty shillings ; for every hogsi^^' of 
Cyder, Ale or Bear, Two shillings and six pence ; all curr* 
money of this Province, and after the Rate for any Greater 
or smaller Quantities : And for the due & Orderly collect- 
ing and Receiving of excise aforesaid, 
• It is further enacted by the Authority aforesaid that all 
Retainers of Rum, Brandy, Sider, Bear, Ale, within this 
Province, shall upon their purchase or Resale of all or any 
of the Liipiors Before Expressed, make entry thereof with 
the Treasurer or other Officer appointed to Collect or Re- 
ceive the same, and pay the duties of excise aforesaid un- 
der penalty of forfeiture of all such Liquors as shall be 
found in any Retainer's house, not being duly entered and 
the excise thereof paid as aforesaid ; Provided also, itsliall 
and may be LawfuU to and for the Treasurer or such other 
Officer appointed to collect and Receive the said excise, to 
agree with any Retaillei-s for his excise for one whole ycare 
in one entire sum to be paid Quarterly or otherwise, as he 
or they can agree for, without making any entrie as afore- 
said. Provided always : — 

And be it further Enacted by the Authority aforesaid, 
that no person or persons who soever shall sell any wines. 
Brandy, Rum, distilled water. Cyder, Bear, ale, or other 
Liquors by Retaille without License first had and obtained 
from one or more Justices of the Peace, which shall be held 
good and vallid till the next quarterly session within this 
Province ; neither shall it or may it be LawfuU for any per- 
sons whatsoever to sell less Quantities of any strong water 
than two gallons, or of wine than one Quarter-Caske, at 
one time without first obtaining a License for the same un- 
der tlic penalty of five pounds for each default thereof, con- 
victed by the oath of two or more substantial! wittnesses, 
all which" penalties and forfeitures shall be one halfe there- 
of to their Majest% their heirs and successors, for the sup- 
port of tlie government, and the other halfe to informer 
who shall sue for the same, and shall be Recovered by Bill, 
plaint or Information in any Court of Record within this 
province. 



PROVINCE LAWS. 1 ( 6 

And it is hereby Enacted and declared by the Author- 
ity aforesaid, that this present Act, entitled an Act for 
the Establishing a Revenue for the defraying' of the l'i!!)liG 
charge of the Province, shall Remain andcontinnc in force 
for the terme of one whole year and no Longer; any thing 
herein Before contained to the contrary thei-eof in ony vrise 
notwithstanding. 

JoijN Usher, Lieut. Govern'',, 
Richard Martin, KS[)eak'. 

Henry Penny, Sec^ 

No. 4. 

An Actefor the Due Regidation of Waites and measures. 

To y® endy' waites and measures maye be one and y® same 
throughoute this province', be it enacted by y'' Lieut. Governor 
& Connsill, together with y^' General Assembly, & it is hereby 
enacted and ordained .by y® authority of the same y"^ y" 
treasurer of this province shall provide one set of waites 
& measures as are according to the approved Winchester 
measure, allowed in England in y** Exchequer, w'^'' shall 
be y'- publike allowed standard throughoute this province 
for y" proving and sealing all waites & measures thereby ; 
& y" Constables of every town w^*" in this province not 
already supplied, shall w"' in three months next comming 
provide, upon y*^ towne charge, one bushell, one half bush- 
ell, one peck, one halfe peck, one ale quarte, one wine 
pint & halfe pointe, one ell yard, one sett of brass waites 
to foure pounds after sixteene Onuses to y*" pound, w''' fitt 
scales and steale beame tried & proved by the aforesaid 
standard & sealed by y*" treasurer or his Deputy in his pres- 
ents, w'^'' shall be kept & used only for standards in y'' sev- 
erall townes, who is hereby authorized to doe y*^ same, for 
w*"' he shall Res've from y*' constable of eatch towne two 
pence for every weight & measure soe tryed, proved and 
sealed ; & y*" Constable of every towne shall commit these 
weights & measures unto the Custody of the select men of 
their towne for the time being, who w^ the Constable are 
hereby Injoyned to choise one aljle man for sealers of all 
waites and measures for there one [own] towne, from time 
to time, untill another be chosen who shall be presented 
mito the next Courte or some Justice of tlie pease, there to 
be sworne to y® faitlifull discharge of his dewty, and shall 
have power to send forth his warrants by y^ Constables to 



174 PROVINCE OP NEW-HAMPSHIRE. 

all the Liliabitants of catch towne to bring in all such waites 
& measures as they make any use of, in y'' month of Aprill, 
frorae yeare to yeare, at sucli time and places as he shall 
appointe, and make returne to the sealer in writing, of all 
persons so summoned, y*^ then and there all sutch waites 
and measures maye be* proved & sealed w**" y*^ towne seale, 
w''^' is likewise to be provided by the Constable, towne's 
charge, who shall have for every waite & measure soe sealed 
one penny from the owners thereof, at y*^ first sealing, & all 
sutch waites & measures as cannot be brought to there head 
standard hee shall deface & distroye,and after the first seal- 
ing shall have nothing for soe long as they continue juste 
with the Standard : 

And it is enacted that if any Constable, Selectmen or 
Sealer Doe not Dare execute this Law, soe far as to each 
and every of theme appertaines, they and each of them 
shall forfit for every negiecte the space of one month, y® 
some of forty shills., y*^ one halfe" to y*^ Informer, y'' other 
halfe to j" Pore of y'' towne where such Defaulte is found ; 
and every person neglecting to bring in there waites and 
measures at the time and place appoynted, being Duly 
warned thereto, shall likewise forfeit three shills. four 
pence, y*^ one halfe thereof to use of the pore aforesaid, the 
other halfe to y^ sealer ; and the penalties herein men- 
tioned to be Levied by distress by warrants from any Jus- 
tice of the peace. 

And it is further enacted that every seaporte Towne 
w*''in this province, the Constable or Constables are to pro- 
vide Liquesie upon the towne charge, one hundred weight 
made of iron to be tryed, proved & sealed as aforesaid, & 
one halfe hundred & one quarter of one hundred, & one 
fourteen Pound weight made of Iron, to be proved & sealed 
as aforesaid, & to be kept as Standards in y° s'^ severall 
Townes to be used as before for other waites & measures 
as is directed. 

And it is further enacted that all stillyards y' are or shall 
be approved of by the Standard shall be allowed of in any 
or all y*" townes in saide" province & in the Liberty of boath 
byer and seller to waigh by which they please. 

John Usher, Leftinante Governour, 
Richard Martin, Speaker 

Henry Penny, Deputy Secretary. 



PROVINCE LAWS. 175 

No. 5. 
Ail Act for Alloivance made to the Representatives. 
a Whereas, the several Representatives of the Assembly 
w cannot officiate and discharge that Hono*'''^'' and Great 
'^ Truste Reposed in them without being at great charges 
g and. expence ; 

^ Be it Enacted by the Lieut. Governor, Council and 
§ Representatives Convened in Generall Assembly, 
P-i And it is hereby Enacted and ordained by the author- 
ity of the same, that the allowance to Each Representatives 
of the people shall be Three Shillings p. Diem, commenced 
from the Coming out untill their Returne home, allowing 
one day for coming out and one day for their Returne 
home, to be paid out of the Rates made in the Severall 
Townes in the province for defraying Towne charges. 

John Usher, Lieut. Gov% 
Richard Martyn, Speak. 
Henry Penny, Dep* Sec''. 

Past by the Assembly. 

Elias Stileman, p. ord''. 

No. 6. 
An Act against Shipping of Horses ivithout Entring. 

Be it Enacted, by the Lieut. Governor, Councill and 
Representatives convened in Generall Assembly, 

And it is hereby Enacted and ordained by the Authority 
of the same, Tliat from and after the Twenty ninth of this 
Inst. October, no masf or Command'' of any Ships or ves- 
sell shall Receive on Board his Ship or vessell in this prov- 
ince of New Hampshire, any horse. Gilding or Maire but 
such as shall be entred into a Booke with the Couller, per- 
tickular Markes, & age as near as may be knowne, and 
person from whome such was Last bought and proofe by 
wittness he was the true owner thereof, to be kept in a 
booke by an officer appointed thereunto, which officer is 
herel)y authorized to view all such as shall be shipt ; and 
for every horse, maire or Gilding so entered, there shall be 
paid to the said officer by the Owner of said horse, the 
_ sum of six pence ; Each and every Commander or mas- 
ter of any vessell who shall take on Board any other 
horse, maire or Gilding, except such as he shall Receive a 
noat under the hand of the said officer so to be Entered as 



176 PROVINCE OF NEW HAMPSHIRE. 

aforesaid, shall forfitt the sum of four pounds, to be dis- 
posed one halfe to the Informer the other halfe to their 
Majest^ for the use of the province. 

John Usher, Lieut. Governor, 
Richard Martyn, Speaker. 

No. 7. 
An Acte againste Laiv Sutes above twenty pounds. 

Be it enacted, &c.,* whereas their Majesties' subjects In- 
habiting this Province have for a long time, w"' the ex- 
pence of lives & Estates stood upon there own defence 
against Majestyes' french & Indian enemies to there greate 
Impoverislmient and almost utter undoeing, & have no 
prospect for y'' future of defending there Majesties' Interest 
here w"' oute greatest expence & hazard, soe y' w*^'out 
outemost incoragment of being preserved from disturbans 
in there Rights & prosperities will be induced at laste to 
quitt all to there Majestyes' enemies ; for prevention whereof, 

Be it enacted, that no Royall action or writ of ejectment 
for y® posesion or title of any Lands, nor any personal action 
or sute where the value sewed for exceed the som of twenty 
pounds, he prosecuted by any person or persons in any 
Courte w"'in this province for the time & space of two 
yeares following from & after y'^ twenty ninth day of Octo- 
ber, 1692, and soe long after as this war shall Continue ; 
but that this act shall be a bar thereto, & all persons shall 
& are hereby preserved & continued in there Rights, pros- 
perities k possessions, and hooesoever shall trespas upon 
the same shall paye the damage accuring thereby. 

John Usher, Leftinante Governour, 
Richard Martin, Speaker. 

Henery Penny, Deputy Secretary. 

No. 8. 
An Act for the regulating of Cattle, Cornfields and Fences. 
Bee it enacted, &c., that in all common fields under im- 
provement, every party interested shall from time to time 
make good his part of fence, and the owner or owners of 
the Major parte of such fields shall order and limit the 
proportion of Cattle that shall l)e put to feed thereon, an- 

* The usual formula, "by the Lieut. Governor, Council," &c., is hereafter omitted. 



PROVINCE LAWS. 177 

nually, the time when, and manner of Improvement thereof, 
which is to be observed by all persons Interrested therein, 
on paine to answer all damage that shall come thereby ; and 
where land have formerly been Improved in Common, any 
one owner of such lands be minded to improve his parte in 
several, if there be no agreement binding to the contrary, 
the owner of the land lext adjoining him shall bare the 
one halfe of the Charge of the fence againste him who 
shall improve iji severall ; but where lands lye in Common 
unfenced, if an owner shall improve his parte by fencing 
in severall, and the other shall not, lice who shall so im- 
prove shall secure his lands against other men's Cattle, and 
shall not Compell him that joyneth upon him to make any 
fence witii him, except he also shall improve in severall as 
the other doth ; & where one man shall Improve before his 
Neihbor & so make the whole fence, if, after, his s'' neih- 
bor shall also Improve, he shall then satisfye for halfe the 
other's fence against him, according to y" present valeu & 
shall maintaine y*^ Same, & if y*^ first Improver shall after 
lay open his s*^ field, then the s'' neihbor shall enjoye his s,^ 
halfe fence to his own use, purchased as afores'\ & shall 
also have liberty to bye the other halfe fence, paying accord- 
ing to present valuation to 'be made by two men indiffer- 
ently chosen by either party: And it is further enacted, by 
the authority aforcs'\ that the Selectmen or Towne men 
shall, from year to year, appoint two or more in each 
Towne (if need Required), and to take all due notice of 
the reall defects & Insufficiency thereof, who shall forth 
with acquaint the own''' thereof with the same ; and if the 
said owners do not within six days time, or otherAvise as 
the viewers shall appoint, sufficiently Repaire their said 
defective fence, then the said viewers shall forthwith Re- 
paire or Renew them, and shall have double recompence 
for all their cost, labour and care, to be paid by the owner 
of such insufficient fence or fences ; and shall, by warrant 
from any Justice of the peace levy the same, either upon 
the Corne or other goods of the delinquent ; and the said 
fence viewers shall twice every year view fences, and such 
as they returne sufficient shall be accounted good for three 
months after, unless proofe be made that it is Impaired ; 
and such fence as is accounted sufficient against other Cat- 
tle shall also be accounted good against sheep and swine ; 
and the owners to be Liable to satisfie damage done by 
12 



178 PROVINCE OF NEW HAMPSHIRE. 

them : And it is further enacted, That all unruly horses 
or other unruly Cattle, having been so judged by the select- 
men, shall be liable to pay double damage. It is also enact- 
ed, by the authority aforesaid. That there be one sufficient 
Poutid or more made and maintained in every Towne within 
this Province, for the Impounding Swine or Cattle found 
damage feasant. John Usher, Lent. Govern^, 

Richard Martyn, Speaker. 
Henry Penny, Dep. Sec^. 

No. 9. 

An Act for Settling the Militia. 

Whereas the present State and Condition of the Province 
doth of necessity Require that the Inhabitants thereof 
should be well Armed and Trained up in art Military, as 
well for the Honour and Service of their most excellent 
Majestys, as for the preservation of their owne Lives and 
fortunes : 

Be it therefore Enacted, &c., That no male person what- 
soever, from the age of sixteen year old and upward, 
Remaine unlisted by themselves or Masters, Mistriss or 
Imployers under the Captain of their Respective places of 
their abode, the space of one Callender month after their 
arrivail on coming to reside or sojourn in any place within 
this province, on penalty of twenty shillings, and so for 
every month such person or persons shall Remain un- 
listed ; and that every soldier shall be provided with a 
well ilxed gun or fussee, Sword or Hatchett, Snapsack, 
Courtouchbox, home, charger and flints, w"' six charges of 
powder, and so shall appear when and where appointed, 
upon penalty of five shillings for his default in not appear- 
ing, and three shillings for want of any of the aforesaid 
Gun, amies or ammunition above mentioned, so as the 
whole ])enalty at one time exceed not for one person ten 
shillings ; and that every souldicr shall have at his hal)itation 
and a!)oade one pound of good powder and Twenty sizable 
Bullets, oa penalty of ten shillings for each default, and 
that each person shall bring the same into the field when 
Commanded on the like penalty of ten shillings, so as the 
whole jienalty for one person at one time exceed not fifteen 
shillings. 

And it is further enacted by the Authority aforesaid, that 



PROVINCE LAWS. 179 

it shall and may be Lawfull for any person or persons that 
by Reason of urgent Occasion or other Emergencie cannot 
appear npon the Guard or watches, to put a well armed 
man in tlieir Roome, who if approved of by the Captainc 
of the Guard shall excuse his or their absence ; and all 
persons Listed as aforesaid under their Respective Captaine 
in the several places of their abode, shall redeyly attend 
and serve on watches and wards when appointed, under the 
penalty of three shillings for each default; and In case any 
person be not able to provide himself amies and ammuni- 
tion as aforesaid, through poverty, if he be single he shall 
be put to service by any Justice of the Peace within this 
Province, to procure him estate to purchase such amies and 
ammunition as aforesaid, and that his or their master or 
mistriss shall find and provide armes and ammunition du- 
ring his service. 

Aud it is also further Enacted by the authority aforesaid, 
that no person whatsoever presume to fire any small arms 
after eight of the clock at night, unless in case of alarm, 
Insurrection or other Lawfull occasion, and in either of y° 
said cases Three musketts or small armes distinldy fired, 
or where Great Guns are the firing of one great Gun k 
Two musketts or small armes distiukly, & Beat of drum, 
shall be taken for an alarm ; & that every person that shall 
neglect his duty in taking and giving (as aforesaid) an 
alarm by firing, as aforesaid, shall be fined forty shillings, 
and in case of such an alarm every soldier is imediately to 
repaire armed to his Coullers or Court of Guard upon the 
penalty of five pounds. 

And it is hereby likewise further enacted by the author- 
ity aforesaid, that the commission officers in each Respec- 
tive Towne within this province shall be a committee of 
Militia for ordering the military affairs of the Towne, for 
the settlement of Gerrisons and appointing the several 
Inhabitants there to their Respective places and Garrisons, 
and Ordering, watching, warding and scouting, prohibiting 
firing of guns by day as they shall see occasion ; and the 
several Inhabitants are hereby Required to yield due obe- 
dience to the orders of the said Committee on penalty of 
fine not exceeding Twenty shillings, or Riding the wooden 
horse, or other Millitary Corporall [mnishment to be inflicted 
upon tlic offenders at the discreasion of the Committee. 

And it is further enacted and declared by the authority 



180 PROVINCE OF NEW-HAMPSHIRE. 

aforesaid, that all fines & forfeitures mentioned in this act 
and not otherwise to be disposed of shall be Leveyed by dis- 
tress and sale of the offender's goods, by the Captain's War- 
rant for that purpose, to be granted to the Clarke of such 
company, to be Improved and Laid out for the use of the 
Company to defray the publick charge thereof. 

And it is further Enacted by the authority aforesaid, that 
all Captaines and other Commission officers are hereby re- 
quired to yield reddey and due obedience to all orders and 
warrants they shall from time to time Receive from the 
Governor, Lieut. Governor or Commander in Chiefe for the 
time being, or Major of the Regiment, on penalty of five 
pounds for every neglect or default, to be Leveyed by dis- 
tress and sale of the offender's Goods by warrants from the 
Major to the Sheriff of the province, one half thereof to 
be to the use of o"^ Sover'^ Lord & Lady King William & 
Queen Mary, their heirs and Successors, and the other 
half to him or them that shall inform for the same. 

And it is further Enacted and ordained by the Authority 
aforesaid, that no person so Listed as aforesaid during this 
present warr shall depart thence without a discharge from 
the committee of the Town first had where such a person is 
an Inhabitant of and obtained, or in case of their deniall, 
from the Governor or Cormnander in Chief for the time 
being, on penalty of Twenty pounds to be Leveyed by dis- 
tress & sale of the offender's Goods by warrant from any 
two Justices of peace within this province to the sherriff, 
who shall be Impowered to grant forth such Warrants upon 
Complaint to them made for that purpose, and to adminis- 
ter an .oath if occasion Require, which said fine of Twenty 
pounds, when Leveyed as aforesaid, shall be Improved to 
the use of the Towne from whom such person shall so de- 
parte as aforesaid, at the discretion of the Justice. 

And it is further Enacted & declared by the authority 
aforesaid, that all drummers now in service, and that here- 
after shall by the several Captains be put into that service 
during the Capts. pleasure, shall be allowed and Receive 
Twenty shillings pr. Annum if they finde their own drums, 
or tenn shillings pr. annum if the Capts. find their drums ; 
and that no person y' now is Listed in any company, or 
hereafter shall be so Listed and appointed to that service, 
shall Refuse the same upon penalty of Twenty shillings to 
be Leveyed by distress and sale of the offender's Goods by 



PEOVINCE LAWS. 181 

the Captaine of such Company, to be disposed of for de- 
fraying the publick charge thereof; and in case such Capt, 
shall find a drum for the use of the company he shall de- 
duct the price thereof out of the fines. 

And it is hereby Enacted and ordahied by the authority 
aforesaid, that all and every person & persons that here- 
after shall be detached or Imprest out of any of the Com- 
panyes with in this province for their majest^ service by 
their superior officer, or by warrant from the Governor or 
Commander in Chief for the time being, or the Maj. of the 
Regiment, shall "appear and attend such service at the 
time and place to be appointed on penalty of four pounds, 
to be Leveyed as aforesaid and dis[)Osed of to the use and 
Incouragement of such as shall goe in the service above 
mentioned ; and if the refusal of such person or persons 
offending be accompanied with contempt, such person or 
persons shall be Punished with death or some other greiv- 
ous punishment, as the matter may Require, at the discre- 
tion of a Court martiall ; and for y'^ better releife and de- 
fence of any of the Townes & Garrisons with in this prov- 
ince that shall be attacked by the enemic. 

It is hereby Enacted by the authority aforesaid, that 
each Capt. within this Province are here])y authorized and 
commanded to List or detach so many of his men not ex- 
ceeding one third of his company — Provided always that 
there be not Less than five men Left in each Garrison — 
which men so Listed or detached shall be reddcy upon the 
first advise of the enemie's attackc of any Towne or Gar- 
rison, by order of the chief officer of the Towne, forth with 
to march, under such Conduct the said chief officer of the 
Towne shall appoint, to the Reliefe of any Towne or Gar- 
rison soe attacked, and not to waite any further orders of 
any Superior Authority for their march, Least the time of 
doeing service should be elapsed ; and in case any person 
or persons so listed or detached as aforesaid shall refuse 
or neglect, upon notice given, such March or attenddance 
upon such service, shall pay a fine not exceeding forty 
shillings, to be disposed of as Last above mentioned, or be 
punished with such corporal millitary punishment, at the 
discretion of the Capt. or chief officer of the towne : and 
for prevention of advantages or encouragement to y® 
enemie during this present Warr, 



182 PROVINCE OF NEW-HAMPSHIRE. 

It is hereby enacted and ordained by the authority afore- 
said, that no Indian corn be stored or left at any Remote 
nngarrisoned houses or places, but all brought within com- 
mand of some garrison or garrisons, on penalty of paying 
five shillings a day by the owner of the said corn, for every 
day such corn shall so remain stored or left at any remote 
ungarrisoned house or place, after the notice thereof given 
to such owners by one of the Committee of Militia of the 
Towne whereto such owners doth or may be long, such 
penalty to be Leveyed by distress & sale of the olTonder's 
goods, by warrant from the committee of millitia to Itc dis- 
posed of by them for the use of the Garrison such offend- 
ers shall belong unto. 

And be it further enacted by the authority aforesaid, that 
in case of the enemie's attack of o"^ neighbours In the 
county of Yorke in the province of the Massachusetts Bay, 
It shall and may be in the power of the present Lieut. 
Governer, with the advise and consent of the Councill, to 
Raise and detach men in the most Convenient part of this 
province, and to order their j\Iarch unto the said county of 
Yorke for the Reliefe and assistance of their Majesty's sub- 
jects there: Provided always, 

;^j^ And it is hereby further enacted and declared !>y the 
authority aforesaid, that nothing in this act contained shall 
be expounded, construed or understood to deminish, alter 
or abridge the power of the Governor, Lieut. Governor or 
Commander in Chiefe for the time being, but that in all 
things and upon all occasions he or they may act as fully 
and freely as any Governor, Lieut. Governor or Com- 
mander in Chiefe ought or might do, to all Intents and 
purposes as if this act had never ben made ; any thing in 
this act contained to the Contrary not with standing : Pro- 
vided, 

And it is hereliy enacted and declared by the authority 
aforesaid, that all the members of their majest^ Council, 
Justices of the peace, sheriffs, ministers, Treasurer of their 
Majest^ Revenue, Collecf or dept. Collector, Serchcr or 
Surveighors of their majestys Customs, School masters and 
Chyrurgeons shall be freed from being listed in any Com- 
pany within this province and from all watching and ward- 



PROVINCE LAWS. 183 

ing or other military duty, any thing therein before con- 
tained to the Contrary in any wise notwithstanding. 

John Ushrr, Lieut. Governor, 
Richard Martyn, Speaker. 
Henry Penny, Dep* Sec^ 

No. 10. 

An Act for the EstahUsldng of- Courts of Judicature for the 
use and Benefit of their Majestys Subjects ivithin this 
Province. 

Whereas the Orderly Regulation and 
Estal)lisliment of Courts of Judica- 
ture Throughout this Province, as 
well in Respect of time as place, 
Doth tend very much to the Honor 
and dignity of The Crowne as to the 
Care and Benefitt of the subjects : 
Be it Enacted by the Lieut. Governor, Council and Rep- 
resentatives Convened in Generall Assembly, And it is 
hereby Enacted and ordained by the Authority of the same, 
That every Justice of the Peace that Resides within any 
Town within this Province are here by fully Impowered 
and Authorized to have cognizance of all causes, cases of 
debt and Trespasses to the value of forty shillings or under, 
which causes and cases shall be heard, tryed and finally 
determined Avithout a Jury by every Justice of the peace 
that Resides within any Town within this Province where 
the cause of Action doth arise ; the presses of warning 
shall be a summons under y'' hand of the Justice, directed 
to the Constalde of the Towne or precincts, or any deputed 
by him, where the party complained against doth Live, 
which summons being personally served or left at the de- 
fendant's house. Two days before the day of hearing of the 
plaint, shall be sufficient Authority to and for said Justice 
as aforesaid, to proceed on such cause or cases and deter- 
mine the same in the defendant's absence ; and to grant 
Execution thereon against the defendant's person, or for 
want thereof his estate, which the said Constable of the 
Towne or Precincts, or his Deputy, shall or may serve : — 
Provided always, 

And Be it further Enacted, by the Authority aforesaid, 
that if the plaintiff or defendant shall desire a Jury, it shall 



18-1 PROVINCE OF NEW-HAMPSHIRE. 

be allowed, But at the proper coste & charges of the per- 
son desiring the same : And for the Increse of virtue and 
the discouraging of evill doers throughout this Province, 

Be it further Enacted by the Authority aforesaid, That 
there shall be held and kept yearly and every year four 
Quarterly courts of Sessions of the peace within this Prov- 
ince, at the dayes & times here after named and expressed, 
that is to say, on y'' first Tuesday in March, June, Septem- 
ber & December At Portsm", which courts of sessions of 
the peace shall continue for the space and time of Two 
dayes and no Longer ; and for the more Regular and Ben- 
ficiall distribution of Justice to the Inhabitants of this 
Province, 

Be it further Enacted by the Authority aforesaid, That 
there be kept and held a court of common pleas within this 
province at the time and place hereafter named & expressed, 
that is to say at such place as the Court of sessions are to 
be kept, and to begin the next day after the sessions termi- 
nate, and only held and continued for the space and time 
of three dayes and no Longer, and that there be one Judge 
and three Justices appointed and commissionated to hold 
the same Court of please, three whereof to be Quorum, 
and that the severall and Respective Courts hereby estab- 
lished Shall have Jurisdiction to hear, try and finally de- 
termine all actions and causes of actions, and all matters 
and things and causes Tryable at the Common Law, of what 
kind or nature soever, not Exceeding Twenty pounds, and 
where Titles of Land is not concerned : Provided alwayes, 

And it is hereby Enacted by the Authority aforesaid. 
That there shall be an Appeale or Removall by Hal)cas Cor- 
pus of any person or of any action or suit or of any Judge- 
ment or Execution that shall be determined in this Court, 
at the next supream Court of Judicature, to which said 
Courts of Common pleas there shall belong ; & be appointed 
and commissionated for that purpose, one Clarke of the 
Court to draw, enter and keep the Records, declarations, 
Pleas and Judgments there to be had and made ; & for the 
more Orderly proceeding in the said courts, all process and 
writts of what nature soever for tlie command of persons to 
appear and Execute the Judgements, Executions of the 
courts aforesaid, shall be directed to the sherriffe of this 
province and executed by him, his under sheriffe or deputy, 



PROVINCE LAWS. 185 

and all prosess and Writts for actions betwixt party and 
party in the said court shall issue out of tlie Office of the 
Clarke of the court signed pr. curiam ; and that theire Maj- 
esties' Subjects Inhabitting within this Province may have 
all the Good, proper, and Just waves and means for the 
securing and Recovering their Just Rights and demands 
within the same. 

Be it further Enacted, & it is hereby Enacted and Or- 
dained by the Authority aforesaid, that there shall be held 
and kept a Supreamc Court of Judicature which shall be duly 
and constantly kept at Portsmouth and not Elsewhere, at 
the severall times here after mentioned, and that there be 
four Justices at the Least appointed and commissionated to 
hold the same Courts, Two whereof with the Chiefe Justice 
to be a Quorum ; which Supream Court are hereby fully Im- 
powered and Authorized to have cognizance of all pleas 
civill, criminall and Mixed, as fully & amply to all Intents 
and purposes whatsoever as the court of king's Bench, 
Common pleas, and Exclieq"" within their Majesties' king- 
dom of England have or ought to have, in and to which 
Supream Court all and every person and persons what- 
soever shall or may, if they shall so see meat, commence or 
Remove any actions or suit, or shall or may by warrant, 
writt of error, or Certiorori, Remove out of the courts of 
session and common pleas any Judgements, Information, 
Indictments, there had and depending, and may correct er- 
rors in Judgement if there be just cause ; — alwayes pro- 
vided, 

And be it further Enacted by the Authority aforesaid, that 
this supreme* court shall be constantly and duly kept and 
held at Portsmouth aforesaid on the last Tuesday in April 
and October yearly and every year, Provided also that they 
shall not sit longer y" six dayes. 

And Be it further Enacted by the Authority aforesaid, 
That it shall not be LawfuU for any person or persons what- 
soever, appointed, Elected or commissionated to be a Justice 
or Judge of the aforesaid Courts, to Execute or Officiate his 
or their s^' place or office untill such time as he or they shall 
Respectively take the Oaths api>ointed by Act of Parliament 
to be taken Instead of the Oaths of Allegiance & Suprema- 
cie, and subscribe the test in open court. 

And Be it further Enacted By the Authority aforesaid, 



186 PROVINCE OF NEW-HAMPSHIRE. 

that all and every the Justices and Judges of the several! 
courts before mentioned, be and are hereby sufficiently Im- 
powered to make, order and establish all such Rules and 
orders for the more orderly practising and proceeding in 
their said Coui-ts, as fully and Amply to all Intents and 
purposes what soever, as all or any of the Judges of the 
said severall courts of King's Bench, Common pleas, Ex- 
cheq^, in England, Legally do : provided alwayes. 

And Be it further Enacted by the Authoi'ity aforesaid, 
That no person's Riglit of property shall be by any of the 
aforesaid courts determined. Except where matters of fact 
are either acknowledged by the parties, or Judgement be 
acknowledged or passeth by the defendant's fault for want 
of plea or answer, unless the fault be found by the Verdict 
of Twelve men of the neighborhood, as it ought of Right 
to be l^y the Law. 

And it is hereby Enacted by the Authority aforesaid, 
That there shall be a court of Chancery within tbis jjrovince, 
which said court shall have power to hear and determine 
all matters of Equity, and shall be acceded and Esteemed 
the higb court of Cluxncery of this Province : — 

And be it further Enacted by the Authority aforesaid, 
that the Governor and councill be the said high court of 
Chancery and hold & keep the said court, and y' the Gov- 
ernor may depute, nominate and appoint in his stead a 
Chancellor, and be assisted with such others persons of the 
Council as shall by hini be thought fitt and Convenient, 
together with all nessesary officers, clerke & Rcgii-ters as to 
the said high court of Chancery are need full ; — Provided 
alwayes, 

Aiul it is hereby further Enacted by the authority afore- 
said, that any freeholder, Planter, Inhabitant or sojourner 
within this province, may have Liberty, if he or they see 
meet, to make his or theire appeal or appeals from any 
Judgement obtained by him or them against him or them 
in case of error in the severall Courts aforesaid, in such 
manner and forme as is hereafter expressed, that is to say, 
from the Courts of Common pleas to the Sujjream Court 
for any Judgement not exceeding Twenty pound, & from 
the Supreaui Court to the Governor and Council for any 
decree of Judgment above the value of fifty pounds ; and 
from the Governor and Council to their Majesties in Coun- 
cil for any decree or Judgement above the value of one 



PROVINCE LAWS. 187 

liimdred Pounds Sterling, as in their maj"''^ Letters Pat- 
tents to the Governor Doth direct. 

John Usher, Lieut. Govern'^, 
Richard Martyn, Speaks 
Henry Penny, Sec^ 

No. 11. 
An Act for Killing of Wolves. 
Be it enacted, tfec, That whosoever shall at any time 
hereafter kill or destroy any growne Wolfe in any Town 
within this Province, he shall be paid and allowed at the 
publick charge of the said Towne, the sum of twenty shil- 
lings pr head ; and for a wolfe's whelp half so much ; and 
that the same be raised by the selectmen in each Respective 
Towne with other Town charges, and duly paid and satis- 
fied accordingly. John Usher, Lt. Gover', 

Richard Martyn, Speak^ 

No. 12. 

An Act to prevent the P rophanation of the LorcVs Bay. 

Be it enacted, <fec., That whosoever shall on the Lord's 
day be found to do any unnecessary Servile Labour, Trav- 
ell, Sports, or frequent ordinaries in time of public worship, 
or Idcly stragle abroad, The person soe offending shall pay 
a fine of ten shillings or be Sett in the Stocks an hower : 
And for discovery of such offenders, It is hereby ordered 
that the Constable doe require what person or persons he 
shall see meete in time of Public Worship, to go forth to 
any suspected place within their Precincts to finde out any 
offenders as above ; And when found to secure him & as 
soon as possible to carry him before some Justice of Peace 
who shall deale with him according to Law. And who so- 
ever shall refuse to obey the Constable in attending him 
about this act shall pay a fine of forty shillings to the use 
of their Majes"''*. John Usher, 

John Gillman. 
Tho. Davis, Secr>'. 

No. 13. 

An Addition to a late Act, Entitled An Act to compell 
Constables to doe their duty in Collecting Rates. 

Bee it enacted, &c., That where Constables are negligent 
in collecting and paying in the Rates legally committed to 



188 PROVINCE OF NEW-HAMPSHIRE. 

them, that then the warrant for distraining upon their Es- 
tates according to former Act shall alsoe be to apprehend 
and imprison their person, where noe Estate appears, untill 
they finde Estate to answer the Law : And it is hereby 
further enacted, by the authority afores'\ That if any per- 
son or persons neglect or refuse the payment of their res- 
pective Rates after demand made by the Constable at their 
house or usual place of abode, and noe Estate appears 
whereon to take distrcsse, then it shall be in the power of 
the Constable, by warrant from a Justice of peace, to ap- 
prehend and Imprison such person until said Rates and all 
necessary charges thereabout be paid. And in case any 
person shall remove out of the Towne where he is rated, 
into any other Towne within this Province, before said rate 
is paid, then, and in such case, the next Justice of peace 
shall direct a warrant to the Shcriffe for levying the said 
rate on the estate, or for want thereof on the person soe 
removing, wherever he is to be found within this Province. 

John Usher, Lt. Govern'', 
Thos. Davis, Sec''. John Gillman, Speaker. 

No. 14. 
An Act for raising of money for snpj^orte of tlie Govern- 
ment, in repairing Fortifications i^ for re-imhursing of the 
Treasury. 

"Wee their Majesties most loyal and dutyfull sul)jects, the 
Representatives of this their Majesties Province, Convened 
in Gen" Assembly, being sensible of the great charge & 
Expense w'^'' hath all ready bin expended, and will be dayly 
growing and increasing, in Defending & securing the Fron- 
tier Garrisons both by Sea & Land, againstt their Majesties 
French and Indian Enemies, have cheerfully <fe unanimously 
given <fe granted, and doe hereby give and grant unto their 
Most Excelent Maj"'^ their Heirs k successors, to the end 
<fe intent aforesaid, y*^ sume of two hundred pounds ; and 
humbly beseech their Maj"''* to accept the Same. 

Be it therefore enacted, Arc, Tliat a rate of two hundred 
Pounds be forthwith made on all persons and Estates, Reall 
& Personall, throughout this Province, w*^ out exception of 
any ])ersons but ministers, according as it is hereafter pro- 
portioned to each place ; viz.. The proportion of Ports- 
mouth and New Castle to this rate, is seventy pounds ; the 



PROVINCE LAWS. 189 

Proportion of Hampton to this rate is sixty pounds ; the 
Propm-tion of Dover is to this rate thirty pounds ; the 
Proportion of Exeter to this rate is thirty three pounds, 
6s. 8d. ; And that y" Treasurer doe forthwith send forth 
his warrants to y" selectmen of eacli place for y® making of 
y*^ said rate and assessm' according to this proportion, And 
y* rate to be made by the selectmen & Commission''^ accord- 
ing to valuation of Estates, and all other methods settled 
thereabouts, by an Act of Assembly made in y° fourth year 
of their Maj''^ Reigne, for making & collecting a Province 
Rate ; And y*^ rate & assessment soe made, to be forthwith 
committed to y*^ respective constables, with warrants to col- 
lect ct transmitt the same to y'' Treasurer for y'^ time being, 
on or before y^ last day of September next ensuing y*" pub- 
lication hereof, who is to pay the charge of transportation, 
out of y'^ Publique Treasure ; and whosoever pays not ready 
money, have liberty of paying in any of y*' species at y^ 
price in y® last Province rate mentioned : Provided that 
they pay after the rate of three shillings for two shillings 
mentioned in y® Rate, soe as to brin all to money ; Provid- 
ed also, y' it be in y" power of the selectmen, where any 
persons are aged, decrepid.or soe indigent y* they are un- 
capable of paying any thing, to favour such in y"" Rates. 

John Usher, 
Thos. Davis, Secretary. John Gillman. 

No. 15. 

An Act for 3Iainte7iance and Supply of the 3Iinistry tviihin 
this Province. 

Be it enacted, Ac, That it shall and may Ije Lawful for 
the freeholders of every respective Towne Convened in 
publick Tovne meeting as often as they shall see occasion, 
to make choice of and by themselves or any other person 
or persons by them appointed, to agree with a Minister or 
Ministers for the supply of the Towne, And what Annuall 
Salary shall be allowed him ; and the minister so made 
choice of and agreed Avith shall be accounted the settled 
minister of the Towne ; xVnd the Selectmen then, for the 
time Ijeing, shall make Rates and Assessments upon the 
Inhabitants of the Towne for y*' payment of the Minister's 
Sallery as aforesaid, in such manner and forme as they 
doe for defraying of other Towne charges, which Rates by 



190 PROVINCE OP NEW-HAMPSHIRE. 

warrant from a Justice of Peace, with the Selectmen, 
to the Coiistal)le or Constables of the Towne, shall be by 
him or them collected and paid according to the direccion 
of the Selectmen, for y** end aforesaid, Provided always; 
That this Act do not at all interfeere with their Majesties' 
grace and favor in allowing their Subjects liberty of Con- 
science ; nor shall any person mider pretence of being of 
a different persuasion be excused from paying toward the 
support of the settled Minister or Ministers of the Towne, 
but only such as are conscientiously so and constantly 
attend the publick worship of God on the Lord's day ac- 
cording to their owne persuasion, and they only shall be 
excused from paying towards the snpport of the ministry 
of tlie Towne. 

And it is hereby further enacted and ordained, that for 
the building and repairing of meeting houses, ministers' 
houses, shoolhouses, and allowing a sallary to a shool mas- 
ter in each Towne within this Province, the Selectmen in 
the respective Towns shall raise money l.)y an equal Rate 
and assessment upon the Inhabitants, in y*" same manner 
as is in this present act directed for the maintenance of 
the minister. And every towne .within this province, Dover 
only excepted during the warr, shall from & after the pub- 
lication hereof provide a schoolmaster for the supply of 
the Towne, on penalty of Ten pounds per annum for neg- 
lect thereof, to be paid one halfe to their Majes*% the other 
halfe to the poore of the Towne. 

John Usher, 
John Gillman. 
Thos. Davis, Secry. 

No. 16. 

All Act for SefUng' a Post Office tvithin this ^^rovince. 
Whereas Thomas Neal, Esq., for himself his Execu"", 
Adm''^ and Assignes, has obtained from their most Excel- 
lent Majest' full power and authority by Letters Pattents 
under the great seal of England, bearing date the seven- 
teenth day of February, 1(391, to erect, settle and establish 
within their said Majest' colonies and Plantatfons. in Amer- 
ica, an office or offices for the receiving & dispatching of 
Letters and Packquetts according to direction, under such 
Rates and Sums of money as the Planters shall agree to 



PROVINCE LAWS. 191 

give, and forasmuch as application In? boon made to the 
Lieut. Governor and Councill for encouragment in this 
affaire : 

■ Bee it therefore enacted, &c., That a Post Office and 
Officer be henccfortli appointed and settled in some con- 
venient place within the Towne of Portsmouth for receiv- 
ing and dispatching away, according to direction, all 
Letters and Pacquetts that shall be brought there into, 
And no person or persons what soever shall presume to 
carry or recarry any Letter or Letters for hire, but only 
such as belong to the Post Office, deriving their power and 
Authority from the aforesaid Thomas Neal, except such 
Letters of Merchants & Masters which shall be sent by any 
Mast'' of any ship, boat or other Vessell of Merchandize, or 
by any other person employed by them for the carriage of 
such Letters aforesaid, according to the respective direc- 
tion, and alsoo except Letters to 1)0 sent by any private 
friend or friends in their way of Journey or Travel, or by 
any messenger or messengers sent on purpose for or con- 
cerning the private affaires of any person or persons ; And 
whoever offends against this Act shall forfeit the sume of 
ten pounds, one halfe to their Maj"''® towards the support of 
the government of this province, the other halfe to the 
Post Mast'' Gcnerall, who shall sue and pi-osccute for the 
same. 

And it is hereby further enacted by the Authority 
aforesaid, That all Letters and Pacquetts brought into this 
Port from beyond Sea (other than such letters as are be- 
fore excepted) shall by the Importer be forthwith delivered 
at the Post . house or to the Officer belonging there unto, 
which officer shall pay a halfe penny to the Importer for 
each Letter or Pacquett so delivered, and for each Letter 
so brought in from beyond Sea shall be paid by the person 
to whom directed Two pence, and for a Pacquett (quan- 
tity) no Less than Three Letters, besides Bills of Ladeing, 
Invoyces, Guzetts, &c., four Pence, and for each Letter 
brought from Boston into this Province, not exceeding six 
pence and double for a Pacquett, & so proportionally for 
all other Letters from beyond Boston shall be paid what is 
the accustomary allowance in the Government from whence 
they come. 

And it is hereby also further enacted and ordained by 



192 PROYINCE OF NEW-HAMPSHIRE. 

the authority aforesaid, That in case any officer belonging 
to the Post Office shall omit their duty in keeping constant 
Posts for the carrying of Letters to the Severall places and 
stages appointed, or shall neglect seasonably & faithfully 
to deliver forth the Letters according to the Litent of this 
Act, such officer so offending shall forfeit the sume of five 
pounds, y*" one halfe to their Maj'''% the other halfe to the 
party agrevied, \vho shall sue for the same. 

And all letters concerning their Majesties' service shall 
be received & dispatched avray with all possible speed, ac- 
cording to their direction, free of all charge and without 
demanding pay for the same, any thing herein before con- 
tained to tlie contrary notwithstanding. 

And it is further enacted & ordained, that the officer of 
the Post house having License granted to Retaile Bear, 
Cyder and Ale within doors according to Law, shall have 
his excise free, and no officer of the excise shall demand 
any thing of him for the same, and his person to be ex- 
cused from watching and warding. Provided always that 
this Act, nor any thing therein contained, shall continue 
in force any Longer than Three years from and after the 
publication thereof. 

John Usher, 
John Gillman. 

Tho. Davis, Secry. 

No. 17. 

All Additional Act to ye Law intitled Corvfiekh a7id Fences. 
Whereas in y*" late Act made concerning Corne-fields <t 
fences, the latter clause thereof saith, " Such fence as is 
Accounted sufficient against cattle shall also be accounted 
good against sheep & swine," w''*' will not secure Men's 
corne, in fields, near towns in some places : 
Be it therefore enacted, &c.. That it shall be in y° power 
of the selectmen of y*" severall Towns, to make such orders 
as shall be necessary to preserve corne ; as also to deter- 
mine what shall be Accounted a sufficient fense against all 
sorts of cattle (any thing in y® fore going Act made con- 
cerniiig Corn-fields & Fences, to y° contrary notwithstand- 
ing). 



PROVINCE LAWS. 193 

No. 18. 
An Act Concerning 3Iarria(/es, Births and Burialls. 

Be it Enacted, &c., That it shall and may be LawfuU for 
any Justice of the Peace or settled minister residing within 
this Province to Joyne persons in Marriage, Provided they 
be Published Three Publique Meeting dayes according to 
former custome ; And whosoever is joyned soe in Marriage 
shall pay to the Justice or Minister soe marrying them five 
shillings ; And shall within one weeke take care to have his 
marriage Recorded by the person deputed to Record Births 
and Burialls, and to pay for the same six pence, l)ut if they 
neglect it above a weeke then to pay Twelve pence for every 
coupell soe married. 

Be it likewise further Enacted and it is hereby enacted 
and Ordained by the Authority aforesaid. That the clarke 
in every Towne within this Province shall Record Births 
and Burialls ; and all Persons concerned are to take care 
to give notice thereof to the s'' clerke within one month, 
and for every Birth and Buriall six pence if within one 
month, or else Twelve pence, and the "clarke to returne 
every Quarter of a year a List of all Marriages, Births & 
Burialls nnto the Register appointed for the Province, pay- 
ing two pence to the Register for every name so Registered. 

John Usher, Lieut. Governor, 
John Gillman, Speaker. 

Tho. Davis, Secry. 

No. 19. 

An Act to Ease Peojjie that are Scrupulous in Swearing. 

For as much as there are sundry persons within this 
Province out of a tender conscience refuse to give their 
evidence on Oath, in any matter or thing that is depending 
in any of the Courts within the same : 

Bee it therefore Enacted, etc., Tliat in such case the per- 
son or persons refusing to swear shall give in their evideiice 
or Testimony in manner or form following : That is to say, 
I, A B, doe solemnly promise, as in the presence of God, 
to speak the Truth, the whole truth, & nothing but the Truth, 
to the matter or thing in Question. 

And be it further Enacted by the Authority afores'\ 
That if any such person or persons so refusing, as afore- 
said, shall be summoned to serve upon any Jury in any 
13 



194 PROVINCE OF NEW-HAMPSHIRE. 

court within this Province, Then such person or persons 
shall make the Engagement following : That is to say, I, 
A B, doe solemnly promise as in the presence of God, That 
I will well and Truly Try the Issue Between C D, Plain- 
tiffe, and F G, Defendant, according to evidence. And in 
case any such person or persons so called to evidence or to 
serve upon any Jury, and declaring as aforesaid, shall after- 
wards be convicted of willfull falsehood, That then and in 
such case such person or persons shall undergoe the same 
punishment as in case of wilful perjury is appointed and 
provided. 

And be it Enacted by the Authority aforesaid, that any 
person or persons desiring the same shall be allowed the 
Liberty of holding up the hand in swearing ; And all Oaths 
so taken shall be accounted as good and valied as by laying 
the hand on the bible. 

John Usher, Lieut. Governor, 
John Gillman, Speaker. 

Tho. Davis, Secr'y. 

No. 20. 

An Act for ye Treasurer to pay for ye copies of the Laivs of 
this Province. 
Bee it Enacted, <^'C., That y*" Secretary of this Province 
doe forthwith from time to time send to each Towne within 
this Province, Copies fairly written of all the Lawes y' shall 
from time to time be made by the Lieut. Governour, Coun- 
sell & Gen^ Assembly for this Province ; And y' the feeis 
for the same shall be paid by y** Treasurer out of the Publick 
Revenue. 

No. 21. 

An Act to Prevent Concealing Estates from Assessors. 

Whereas it is found by experience that several persons doe 

what in them lye to conceale and secure their Estates 

from time to time and will not give in a true & perfect 

Inventory and amount of the same to the select men and 

comishioner from time to time appointed for the making 

of Rates, so that those who make Conscience of what they 

doe pay more than their proporcion through their neglect : 

Bee it therefore Enacted, &c.. That whosoever shall after 

the date hereof leave out any of his Ratable Estate, and 

not give in the^same in his Invoyce or perticular when called 



PROVINCE LAWS. 195 

there unto by the select men and Comishioner, for every 
pound Ratable Estate that shall be so left out and not 
discovered, The select men with the Comishioner shall 
have power to Rate such person that shall so conceale & 
not discover the same, the sume of five shillings for every 
pound that shall be so concealed and not discovered as 
aforesaid. John Usher, Lieut. Governor, 

John Gillman, Speaker. 
Tho. Davis, Sec'ry. 

No. 22. 

An Act f 07' raising money for supporte of ye G-overnment^ in 
Repairing Fortifications tf making provision for souhUers. 

Wee, their Majesties' most Loyal and Dutifull subjects, 
the Representatives of this their Majesties' Province, con- 
vened in Gen^ Assembly, being sensible of y® great charge 
& expense w*^"^ hath all ready a Rising & must necessarily 
be dayly growing & increasing, in defending & securing 
their Majesties' subjects & interests, against their French & 
Lidian Enemies, have cherefully & unanimously given & 
granted, and doe hereby give & grant unto their most Ex- 
cellent Majesties, their Heirs & successors, to the end & 
intent aforesaid, y'' sum of six hundred Pound, and humbly 
beseech their Maj'"^- to accept the same : 

Bee it therefore enacted, &c.. That a Rate of six hundred 
Pounds be forthwith made on all persons & Estates, Reall 
& personal, throughoute y® Province, without exception of 
any person but ministers, according as it is hereafter pro- 
portioned to each Towne ; viz., the proportion to y® Towne 
of Portsmouth to this rate is two hundred & ten Pounds ; 
the proportion to y*" Towne of Hampton to this Rate is two 
hundred Pounds ; the Proportion to y"" Towne of Dover is to 
this Rate one hundred and ten pounds ; the proportion to the 
Towne of Exeter to this Rate is eighty pounds': That y® 
Treasurer doe forthwith send forth his warrants to y^ select- 
men of each Towne for the making of y® said rate & assessm' 
according to this proportion ; And y*^ rate to be made by the 
selectmen & Comissioner According to valuation of Estates, 
& all other methods settled thereabouts, by late Act of As- 
sembly for making and collecting y** last Province Rate : 
And y'' Rate & Assessm* soe made to be forthwith com- 
itted to y® respective Constables, w"' warrants to collect and 
transmitt y*^ same to y'^ Treasurer for the time being, who 
is to pay y*^ charge of transportation, out of y® Publick 



196 PROVINCE OF NEW-HAMPSHIRE. 

Treasure ; And whosoever payetli not ready money have 
lil^erty of paying in any of the species at y" prices here- 
after ^nentioned, Provided, they pay after y'' rate of three 
shillings for two shillings mentioned in the rate, so as to 
bring all to money : y'' species are merch"'"' Pine boards, at 
thirty six shillings per thousand ; merch'^'^ Red Oak hoggli'^ 
staves at twenty six shillings per thousand ; Merch*'^*^ white 
Oake Pipe staves, at three pound per thousand ; Merchant- 
able Beefe at two pence per pound ; merch^''"' porke at three 
pence per pound ; Indian corne at three shillings per bushel ; 
And good sound Pease at four shillings per bushel ; fish 
& mack'rell at price currant ; — Provided it be in y*^ power 
of y'^ selectmen, where any persons are aged & decrepid, 
or soe indigent that they are uncapable of paying any thing, 
to favour such in their Rates. 

John Usher, Lt. Govern'', 
John Gillman, Speaker. 
Tho. Davis, Secretary. 

No. 23. 
An Act to compel Constables to do their Dutie in collecting 
Bates. 

Bee it Enacted, etc., That if any Constable w"'in this 
Province shall neglect his duty in collecting any Rate or 
Rates committed to him by such as are Legally Authorised 
thereto, or shall omit to make up k a'just his Account w'^ 
y*' Treasurer or Selectmen, within three months time, after 
such Rates shall be committed to him to collect; then & 
in such case, it shall be lawfull for y<^ Treasurer in case of 
Province rates, or y** selectmen w*^ one Justice of peace, in 
case of Town rates, to isshew forth his or their warrants 
to y'' Sheriffe, to distraine upon y" Estate of each Constable 
so \lelinquent to y'' full valew of such Rates w'^'^ he hath 
omitted to collect, or pay in, according to ord"" within y*" 
time of three months before mentioned. 

John Usher, Lt. Govern'', 
John Gillman, Speaker. 
Thos. Davis, Secr^'. 

No. 24. 
An Act for the Settling <|- clistrihuting of Intestate Estates 
and such as prove Insolvent. 

Be it enacted and ordained by the Lieut. Governor, 
Councill and Representatives convened in General Assem- 
bly & by the authority of the same, That when any person 



PROVINCE -LAWS. 197 

dies Intestate, administracioii of such Intestate's goods and 
Estates shall be granted unto the widdow or next of kin, or 
both, or, upon their Refusal, to one of the Creditors, as the 
Judge of probate of wills and granting administracion 
shall think fitt, the said Judge taking bond with securityes 
for their administring according to Law ; and after all just 
debts & sevcrall charges are paid, the Remaining Goods & 
Estates, as well Reall as personall, shall be distributed in 
manner following : That is to say, one third part of the per- 
sonall Estate to the wife of the Intestate for ever ; one 
third of the house and Lands during her life unless she 
was other wayes endowed before marriage, and all the 
Residue of the Reall and personall estate by equall pro- 
portion to and among the children, except such who have 
an estate by settlement of the Intestates in his life time, 
saving alwayes to the eldest son surviving a double portion 
where no issue of an elder Brother appears ; and where 
any estate in houses and Lands cannot be divided without 
great Prejudice, the said estate shall be vallued by three or 
four able men appointed thereto upon oath, and the Eldest 
son to have the Refusall thereof, paying to the other Cliildreu 
their proportion of the valine. But if the eldest son accept 
not, one of the others may, on the same terms. But in 
case there be no wife the whole estate shall be distrebuted 
among the children in manner aforesaid, and wliere no 
children, to the next of kin. 

And it is further enacted by the authority aforesaid, that 
in case of Insolvent estates the judge of probate of wills 
and granting administracion shall nominate and appoint 
Two or Three fitt persons to be commissioners, with time 
allotted to Receive and examine all claims from the Credit- 
ors to the estate, and what they find justly due to make 
Report of to the judge, who shall order a distribution of 
said estate both reall and personall amongst the creditors 
according to proportion, saving only the widdow her third 
of houses and Lands during her life. 

And it is further enacted by the authority aforesaid, that 
all Lands shall be accounted as Chatties & Liable to pay- 
ments of debts where there is no personall estate sufficient 
to sattisfie the same. 

John Usher, 
John Pickerin. 

Tho. Davis, Sec'. 



198 PROVINCE OF NEW-HAMPSHIRE. 

No. 25. 

An Act for ye renetving ^ co7itinuing an Act for ye estab- 
lishing a Revenue for the defraying the Publiek Charge of 
the Crovernment. 

Whereas, &c. [This Act simply renews the Act No. 3, 
and continues it in force, " until y" thirtieth clay of October, 
1694 ; excepting & making voycl y'' clause or part of y'' 8d 
Act relating to Sloops or Boats, that trade along y'' shore, 
to be free from paying of Powder money, y' comes into 
this Province for traffic from any port or harbour on this 
side Conectticutt." — Ed.] 

No. 26. 
An additional Act for Incouragement of ye Post office. 
AYhereas, notwithstanding a late Act for y*" settling a Post 
Office within this Province, sundrie Letters are brought 
Ity sloops &, other vessels along shore, to y*^ prejudice of 
those who are at y*^ charge of keeping a post going once 
a week by land : 

Bee it enacted, cfcc, That from and after y® publication 
hereof all masters of sloops or other vessels arriving within 
this Province, shall forthwith deliver all Letters by them 
brought in (excepting only such as concerne y*^ loading of 
their vessels) unto the Collector or such oflicer with whom 
they make entry of their vessclls ; which letters y^ said of- 
ficer shall, with all convenient speed, deliver in to y'' Poste 
house, or as the Poste master shall order : And for every 
Letter so brought in shall be jiaid two pence byy*" person 
to whome y^ same is directed : Provided, always, that the 
weekly Poste by land doe constantly keepe between Boston 
& Portsmouth ; and y' this Act nor any thing therein con- 
tained, shall continue in force any longer than y" late Act 
intiteled " an Act for setling a Post office within this Prov- 
ince," w*^'' was limited to three years from and after the 
publication thereof. 

No. 27. 
An Act for the acknou'leg'm''t of Deeds. 
Be it enacted, &c., That it shall be in the power of any 
one of their Majest* Councill or any Justice of the Peace 
within this Province, to take the acknowledgment of all 
deeds of sale & deeds of gift: The Parties desiring the 
same to be done shall pay for the doeing thereof Two 



PROVINCE LAWS. 199 

shillings, to him that takes the acknowledgment ; and if 
any person or persons having signed, sealed and delivered 
such deed or deeds shall refuse to come before one of the 
Councill or a Justice of Peace to acknowledge the same 
deeds, it shall be in the Power of any of the Councill or 
Justices of the peace forthwith to Issue out his warrant to 
the Sherife or a Constable of the s** Province, to cause 
the delinquent to come before him to acknowledge s*^ 
deed of sale or deed of gift. And if the person shall refuse 
to do it, then it shall be in the power of a member of the 
Councill or Justice of the Peace to committ him to prison 
without Baile or Mainprise, There to lye untill he shall 
acknowledge the same deed. 

Past by the Assembly, M, Hunking, Clarke. 

Past by the Councill, Wm. Redford, dept. Secry. 

Assented to by John Usher, Lieut. Governor. 

No. 27. 

An Act to prevent Expence of time, and Ciaming, in Or- 
dinaries. 

Bee it enacted, c^'C, That no persons within this prov- 
ince shall play at cards, dice, tables, ninepins or other 
Games for money in or about any Publick House of enter- 
tainment on penalty of three shillings four pence fine, after 
publication hereof. To be paid by the persons so gaming 
for money ; and ten shillings fine to be paid by the keeper 
of such house of entertainment : And that no Seamen or 
other Persons in pay, hired for a longer or shorter time, 
do sit Tipling in any Publick house of entertainment above 
one hower at a time on like penalty as above ; The convic- 
tion to be before a Justice of Peace, and the fines to go one 
halfe to the Informer, the other halfe to the Poore of the 
Towne. 

Past by the Assembly, M. Hunking, Clarke. 

Past by the Councill, Wm. Redford, Dept. Secr^. 

Assented to by John Usher, Lieut. Gov". 

No. 29. 

An Act for altering the Sessions of the Supream Court. 

[This Act simply changes the times of holding the Su- 
preme Court from " y*^ last Tuesday of October k April 
yearly," to " y® first Tuesday of October & April yearly." 
Ed.] 



200 PROVINCE OF NEW-HAMPSHIRE. 

No. 30. 

A71 Act for Restraining of inhuman Severities. 

Be it Enacted, &c., for the prevention & restraining of 
inhumane Severitie, which by evil masters or Overseers 
may be used towards their christian servants, That from 
& after the pul)lication hereof if any man smites out the 
eye or tooth of liis man servant or maid Servant, or otlier- 
wise maime or disfigure them much, unless it be by meer 
casualitie, he shall let him or her goe free from his service 
& shall allow such further recompense as the Court of 
Quarter session shall adjudge him. 

And it is further enacted & ordained by the authority 
aforesaid. That if any person or persons whatsoever with- 
in this Province shall willfully kill his Indian or Negroe 
Servant or servants, he shall be punished with death. 

Past By the Assembly, M. Hunking, Clarke. 

Past By the Councill, AV"^ Bedford, Dept. Secry. 

Assented to by John Usher, Lieut. Governor. 

No. 31. 
An Act to preveyil Seamen neglecting their duty. 
Bee it enacted, <fcc.. That from and after y'^ publication 
hereof. That all contracts between masters of vessells and 
seamen, who have shipped themselves for a voyage, and 
signed to y*' master's Book for proofe of shipping, shall be 
oblidged to attend y" service on board & proceed y'' voyage 
accordingly. And whosoever soe shipped shall desert his 
service & ship himselfe with any other, shall pay a fine of 
forty shillings, & loose the time he has served (the fine to 
be for their Majesties' use for support of their IMajesties' 
Government) and returne y'' money w*^'' he may have Rec^' 
for part wages due or taken. And whosoever shall enter- 
taine any such seamen a])ord any vessell or elsewhere, after 
notice given by the master who first shipped him, shall 
pay a fine of three pounds to their Majesties for supportc 
of their governm^ & in case any soe shipped shall absent 
themselves or run away from their service. It is fui'ther 
enacted, by the authority of the same, that it shall be in y*^ 
power of a Justice of y*^ Peace, by issuing out his warrant, 



PROVINCE LAWS. 201 

or hew & cry, to apprehend him <fc committ him to prison, 
iintill y*" vessell he belongs to be ready to saile ; and then 
deliver him to y"' Master, Provided y" Master will pay y® 
charges there about, to be deducted out of y'' seamen 
wages. 

No. 32. 

Province of New Hampshire. 

Acts and Laws made and passed by the 
Hon'ble y" Ltt. Governor & Assembly, 
convened by adjournment att New Castle, 
July 8*^ 1696. 
An Act requiring all ijersons to take ye oath of Allegiance and 

Supremacy. 
Whereas a late Horrid and Detestable Conspiracy,* against 
his Maj''-'^ sacred person, as by the Providence of Al- 
mighty God, [hath] been happily discovered, and there- 
by his Maj''^'* Royal person preserved ; to y'' intent y' all 
his subjects, within this Province, may now recognise 
their duty and Allegiance : 

Bee it therefore enacted & ordained by the Lt. Governor, 
Council and Representatives convened in General Assem- 
bly, and it is hereby enacted and ordained, by the authority 
of the same. That all male persons w'4n this Province, 
from sixteen years old and upwards, on due notice of time 
and place, shall appear and take the oath appointed by Act 
of Parliment to be taken, instead of the Oath of Allegiance 
& Suprcmacie ; And y* two or more Justices of the Peace, 
appointed thereto by the Lieut. Governor, for each Towne, 
shall give notice for time and place of meeting, & adminis- 
ter the s*^ Oath in the respective Towns accordingly, Re- 
turning a List of the names of all persons so sworne into 
y'' Secretary's office ; and in case any person shall refuse to 
take y"^ s'^ oaths, the persons impowered to administer the 
same shall forth w"' commit him to y*" common Goale, there 
to remaine without baile or mainprise for y*" space of three 
months, unless he pay down forty shillings for y° use of y*^ 
poore, and become bound w*'' sufficient securities to be of 
good behaviour, and to appear at y® next Quarter Sessions 
of y" Peace, where, if he continues obtinate in his refusall 

* See Miuutes of Council Vol. II, pp. 188, 191. 



202 PBOVINCE OP NEW-HAMPSHIRE. 

to take y'' s'' oaths, he shall be fined not exceeding ten 
pounds, and his bond of good behaviour continued. And 
whereas there are certain persons who are scrupulous in 
swearing, every such person or persons shall make & 
subscrilic the Oath of fidelity following, viz : 

I, A B. do sincerely Promise ami solemnly Declare before 'God and the world, 
that I will bo true and'faitbful to King WiUhim ami Queen Mary ; and I do solemnly 
profess and declare, that I from my heart, abhor, detest and renounce as impious & 
heretical, that damnable Doctrine and position, that Princes excommunicated or de- 
prived by the Pope or any authority of the See of Kome, may be deposed or Murdered 
by their subjects, or any other whatsoerer; and I ilo declare that no Foreign Prince, 
Person. Prelate. State "or Potentate, hath or ought to haye any power, jurisdiction, 
Superioritv, preheminence or authority. Ecclesiastical or Spiritual, within the Kealm 
of England, or any of their Majestys' Dominions. 

George Jaffrey, Speaker. 
In belialf of y'' Council, Wm. Rcdford, D. Secy. 

Assented, John Usher, Lt. Govern^ 



No. 33. 

An Act to prevent Trespasses in cutting doicn Trees upon 

Lands ivithout fence. 
Whereas Trespasses are very frequent upon men's rights 
and iiropcrties of timber where the same is not within 
fence, to the great prejudice of many of his Maj'tys good 
subjects inhabiting this Province, for prevention whereof— 
Bee it enacted, &c., That whosoever shall cut down 
any tree or trees without leave from the owner or owners, 
shall pay to the party damnified, five shillings for each tree, 
or more according to the value of the trees, & the owners 
shall be accounted those, or such as derive a right from 
those, to whom the land upon which said trees grow is 
layd out and bounded by the layers out of Land chosen in 
each Towne, or others legally appointed thereto, unless in 
such case, where the right of the timlicr l.)elongs to one, 
and the right of land (whereon said timber grows) belongs 
•to another; and then the damage accruing by such tres- 
passes shall be paid to him to whom the right of Timber 
belongs. And whosoever shall cutt down any bound mark- 
Trees shall pay a fine of forty shillings to his Maj*'% his 
heirs and successors, towards the support of this liis Maj'^"'' 
governi', and that every Justice of the Peace within tliis 
Province shall have power to hear and determine the 
causes abovesaid ; always provided, that this Act or any 



PROVINCE LAWS. 203 

thing therein contained, shall not be understood to inter- 
meddle with such trees as his Maj'^' has been pleased to 
reserve for Masts, Bow-sprits & yards for supply of his 
Eoyal Navy. 

John Pickerin, Speaker, 
Hen. Penny, Secr^, 
John Hinks, President. 

No. 34. 
An Act for lyroviding a Prison. 
Whereas great inconveniency may arise for want of a 
Prison w^'^in this Province : 

Be it enacted, &c.. That y^ Treasurer doe forth w"' agree 
with Mr. Sam' Cutt for his Wind-mill in Portsm° and cause 
the same to be fitted for a Prison, untill further care be 
talvcn thereabout, defraying the charges thereof out of y^ 
Publick Treasury. 

George Jaffrey, Speaker. 
In behalfe of y^ Council, AVm. Bedford, Dept. Sec^'. 
Assented, John Usher, Lt. Govern^ 

No. 35. 

An Act for eontimdng and reviving the Lawes already made 
for settling and encouraging the weehly Pust from Boston 
to this Province. 

[This Law merely continues in force one year the Post Laws enacted in 
1693, 1694 and 1695.— Ed.] 

No. 36. 

June 8*% 1697. 
An Act for ye raising of six hundred and fifty pound to de- 
fray ye Publick charge of ye Province. 

[To be " applied first to the subsistance and payment of 
the Masathusetts souldiers, now in his Maj'^'" service in this 
Province, and then to the paym* and sustenance of y*" soul- 
diers of our own Inhabitants, and all just Debts, accrueing 
by other incident charges." 

Tlie proportion of the above Rate was " to Portsmouth, 
£1-10, Is., 6d. ; to Hampton, X187, 2s., 4d. ; Dover, X127, 
9s., 7 l-2d. ; Exeter, £115, 14s., Od. ; New Castle, X79, 



204 PROYINCE OF NEW-HAMPSHIRE. 

12s., Gd.," to be paid in money or in species at the follow- 
ing prices, viz : 

" Red oak hhd. Staves . . 15s. per M. 

Merch^'' Pine Boards . . . 25s. per M. 

White oak Pine Staves . . 45s. per M. 

Scale fish at ... • 10s. per Q". 

Cod fish 12s. per Q"."] 

No. 37. 
An Act to jjrevent damafie by horses. 
Whereas there hath been complaint made of unruly horses, 
doing of damage in this Province, both in corne fields, 
meadows & pastures, vf'^^ if not timely prevented will be 
very prejuditiall to y*" Inhabitants of this Province : 
Be it therefore enacted, &c. That no horse nor horse- 
kind shall be suffered to goe loose upon any of our Com- 
mon belonging to any towne in this Province, without they 
have a sufficient pare of fetters on, from the last of March 
to the last of Octolier, from yeare to yeare, upon the pen- 
alty of paying ten shillings, the onehalfe to him y* impound 
y"", y^ other halfe to y® selectmen for y® use of y® poore of 
that Towne where they are impounded ; and if any man's 
horse or horse kind shall be found in any man's corn field, 
meddow, Pastur, or other inclosure, the owner of any such 
horse or horse kind shall pay a fine of ten shilliugs money; 
the one halfe to him y* impounds them, the other halfe to 
y'' overseer of the poore, for y*" poore of that Towne where 
they did damage, befor such horse or horse kind shall be 
released out of pound, besides all damage, if such horse or 
horse kind have not on a suffitient pare of fetters, except 
there be proof that such horse or horse kind have been 
used to goe with suffitient fetters, or had broken or lost 
them ; In such case to pay only y® damage of y® first of- 
fense ; and in no case shall any unruly horse be suffered to 
goe on y*^ Common, or horse kind, as above said, that is 
knowne to be unruly, with fetters, though never so well 
fettered, upon y*" penalty of y*" owner's paying ten shillings 
money, the one halfe to them that impound them, the other 
halfe to y® use of the poore as afore**^ ; neither shall any 
person y* is not a free holder keepe any horse or horse kind 
upon any of y'^ Comons, upon the penalty of ten shillings, 
to be taken by the Constable, by warrant from a Justice of 



PROVINCE LAWS. 205 

y" peace, in y* Town where y® offence was committed, the 
halfe to them y^ shall impound them, the other halfe for y® 
use of the poore afore said. 

John Pickerin, Speaker, 
Henry Penny, Sec'', 
John Hinks, President. 

No. 38. 

An Act for reiyealing ]jart of ye Act, made in the year one 
thousand six hundred ninety-five, Limiting every town in this 
Province to four houses of EntertainmH, besides ferries, and 
being not thought fitt to answer y*' end for w*^'* it was made: 
Bee it therefore enacted, kc, That y* part of y*^ Act 
which lymitts every Towne to four Houses of Entertainm', 
& no more, is hereby repealed &, hereafter is left to y® dis- 
cretion of y® Justices of the peace, at y® Quarter Sessions, 
to lycense soe many & no more than they shall judge need- 
ful & convenient, having respect to the other part of y° 
Act : That none be licensed but according to s*^ Act, & 
every time they renew their lycense, to bring, und"" the 
hand of y** selectmen of y'^ Town whereto they belonge or 
y** major part of them, y' they are persons duly quallified 
for y*^ same. 

John Pickerin, Speaker, 
Henry Penny, Seer', 
John Hincks, President. 

No. 89. 
An Addition to the Act Relating to Excise, for impou'eri7ig the 
Treasurer, or any appointed hy him, to enter into any Re- 
tailer^ s cellar or ware House that have not agreed ivHh hini^ 
and their seize all Drinks not duly entered and ye Excise 
not payd. 

Bee it enacted, &c.. That the Treasurer himself, or any 
appointed by him, may and shall have liberty, as often as 
he shall see cause, in the day time, to enter the house, 
store-houses or cellars of any Lycensed house or Retailer's, 
and that have not agreed with y*" Treasurer, or any by him 
appointed for agreement of the same ; — there to seize any 
wine, Rum or other liquor according to said Act ; and to 
dispose of y'' same, — one third to the informer, the rest to 
y^ use of the Province, unless the Treasurer see cause other 



206 PROVINCE OP NEW-IIAMPSHIRE. 

ways to agree w*'' the Delinquent person ; And y'' Treas- 
urer when he sees cause, to give warrant to any constable 
to be aiding & assisting herein. 

John Pickerin, Speaker, 
Henry Penny, Scc'y, 
John Hincks, President. 

No. 40. 
June 8, 1G97. 
An Act for ye Security and preservation of ye Records of 

this Province. 
Whereas the scattering of y° Records of this Province into 
sundry places and persons' hands, hath bin much to y'' 
detterment of his Maj'tys subjects therein ; for y*" future 
prevention wdiereof, 

Bee it enacted, &c., That all Records of all kinds belong- 
ing to this Province, before y^ arrivall here of John Usher, 
Esq., Lieut. Govern"', bee deposited into y® hands of Maj'" 
William Vaughan, Esq., at Portsmouth ; — he giving copies 
to any that have occasion, taking the usual fees for y*" same. 

John Pickerin, Speaker, 
Henry Penny, Sec'y, 
John Hinks, President. 

No. 41. 
An Act for providing of a Prison in this Province. 
June 8, 1697. 

The Sheriffe of this Province complaining that the want of 
a Prison in this Province renders him uncapable of per- 
forming his Office : 

Bee it therefore enacted, &c., That the sheriffe forthwith 
take up the Fort on Mr. Thos. Graffort's hill at Portsmouth, 
for that use & see it fitted Accordingly ; The charge thereof 
to be paid out of the Treasury, and the owner to be allowed 
forty shillings per annum rent for the same till further 
order. John Pickerin, Speaker, 

Henry Penny, Secre'ty, 
John Hincks, President. 



PROVINCE LAWS. 207 

No. 42. 

An Act for the raising of money for the support of the Gov- 
ernment. 
[This Act provides, in the usual manner, for the raising 
of X700, by a rate on the persons and estates, real and per- 
sonal, of all the towns in the Province — proportioned to 
each town as follows : 

Portsmouth, . . £167 Exeter, £127 

Hampton, ... 280 New Castle, ... 86 

Dover, ... 90 

The above rate to he paid " in money, or y*" species at y* 
prices herein mentioned, viz : 

Mercli''^'^ Pine Boards, at . . 30s pr. M. 

Merch'^'"^ white Oak staves at . . £3 pr. M: 

White Oak hhd. staves at . . 30s. pr. M. 

Eed Oak hhd. staves at . . 20s. pr. M. 

Wheat at . . . . .5s. pr. bush. 

Good pease at . . . .4s. pr. bush. 

Malt at 3s. pr. bush. 

Indian corne, . . . .2s. 6d, pr. bush. 

Fish & Mackrell at price current. 

Good beefe at seven farthings pr. lb. 

Porke at two pence halfe penny." 
And it is also provided, " It be in y° power of y^ selectmen, 
■where any poor, decreped, indigent person that they are 
uncapable of paying any thing, to favour suche." — Ed.] 

No. 43. 
An Act for ye PaymH of ye care of souldiers yt are ivounded. 
For the better Incouragement of souldiers to adventure 
their persons against y** French & Indian enemie : 
Bee it enacted, c%c., that in case any Person within this 
Province (being actually in arms by y'' command of his 
officer or as a voluntier) shall be wounded by the French & 
Indian Enemie, the charg of his care shall be paid out of 
y° publick Treasury. 

George Jaffrey, Speaker. 
in behalfe of y" Council, 



208 PROVINCE OP NEW-HAMPSHIRE. 

No. 44. 

An Act for settling a Ferry between Portsmouth and New 

Castle. 
Whereas, John Partridge has made applic'' for Liberty of 
keeping- a Ferry between Portsmouth & New Castle : 
Be it enacted, &c., Thaty*" s'' John Partridge shall have 
liberty, and it is hereby granted him, to keepe a Ferry for 
transportation of passengers between Portsmouth and New 
Castle, viz., from Portsmouth to y*" Island he, y'' s*^ Par- 
tridge, now liveth on, and soe to y^ Great Island & back 
again, for which he shall receive of each person backward 
or forward, five pence ; And this liberty to continue to him, 
y" s'^ Partridge, his heirs, Execu''^ &, Administrators, for & 
during y*" space of one & twenty years, & soe much longer 
as y*^ s'' Partridge shall live ; And further to have liberty of 
selling drink free of Excise, taking license for y*^ same, and 
entering into recognizance for keeping good orders, as y^ 
Law directs ; — Provided ye said John Partridge doe forth- 
with provide sufficient Boate or boates, canno or cannoes, 
for keeping of s*^ Ferry, and give constant attention upon the 
same accordingly. 

George Jaffreys, Speaker. 
In behalfe of the council Assembled, 

Wm. Redford, D. Sec, 
John Usher, Lt. Gov^ 

No. 45. 
An Act for continuing the Act of Impost and Excise. 
October 5, 1G97. 

Whereas the late Act for continuing the Act of Impost <fe 
Excise untill the fourth day of November, one thousand 
six hundred ninety seven, is now almost expired : 
Bee it therefore enacted, &c., That the s*^ Act and every 
part of it be & is hereby Revived & continued in full force 
and virtue, to all intents and purposes, from and after the 
forth day of Novemb'' next ensuing, until the fifth day of 
Novem'''', One thousand six hundred ninety eight ; excepting 
& making voyde that part or clause in the Act relating to 
sloops or boats trading along the shore, to be free from pay- 
ing of powder money, that comes into this Province to traffic, 
from any port or harbour on this side Connecticut — any 
thing in the late Act made to the contrary notwithstanding. 



PROVINCE LAWS. 209 

No. 46. 
An Additional Act concerning Marriages, Births andBurialls. 
April 5, 1698. 

Whereas, notwithstanding the former Act made for record- 
ing Marriages, Births & Burialls, great neglect has been 
therein : 

Beit enacted, &c., that whosoever iniediately concerned 
therein, shall neglect for the future to give notice of such 
Marriages, Births, & Burialls, to the Clarke of the Towne 
wher he lives, within one month after such marriages, births 
and burialls shall happen ; he shall pay unto the clarke for 
his owne use, the sum of two shillings, to be levied by war- 
rants from a Justice of the peace to the constable of the 
Towne. 

No. 47. 

An Act for changing the time of holdirig the Court of Com- 
mon Pleas. 
[That is, instead of " beginning the day after the Quar- 
ter Sessions terminate," to " begin upon the Wednesday 
after the Quarter Sessions begin."] 

No. 48. 
An Act relating to Constables. 
April 5, 1698. 
Whereas, by a former Act made, the several Towns in this 
Province are impowered to make choice of meet persons 
to serve as Constables, and the person or persons soe 
chosen refusing to take the oath & serve in said office 
shall pay a fine of five pounds, but not said in said Act 
how the fine shall Ije taken. 

Be it enacted, <fec.. That if any person so chosen etc., shall 
refuse to take the oath & serve when called thereunto hy a 
Justice of the Peace, the s*^ Justice is hereby impowered to 
grant his warrant to the Constable to app'hend the body of 
such person or persons & convey him to his Maj*^^ prison 
in this Province, there to be secured, untill he pay the b'' 
fine of five pounds, and all necessary charge about the 
same. 

U 



210 PROVINCE OP NEW-HAMPSHIRE. 

No. 49. 

An Act for the j^reservation of highways and for making 

such other as mag be needful. 
April 5, 1698. 

Bee it enacted, etc., That all high ways throughout this 
Province be maintained at the same breadth formerly al- 
lotted, and if any p'son shall incroach thereon by fencing, 
laying wood, digging of pitts, or any other rtccumbrance 
whatsoever, to the damage or danger of any person, uppon 
complaint to any Justice or any Justices of the peace in 
that Towne where any such fact shall be done, the s'^ Jus- 
tices is hereby impowered forthwith to send for the person 
complained of & uppon due proofe to bind him over to the 
Quarter Sessions, or impose a fine on the delinquent per- 
son, according to y*^ nature of the offence, not exceeding ten 
shillings, besides all cost, — the one halfe to the informer, 
the other halfe to the use of the poor of the Towne. And 
for any highwayes to be layed out, on application made to 
the Quarter Sessions by the Selectmen of any towne, show- 
ing the necessity & conveniences of the same, the Quarter 
Sessions are hereby impowered to appoint a meet Commit- 
tee to lay out sucli highways as may be most convenient & 
safe for travelers, & to order due satisfaction to be given 
by the towne through which such highway lies, to the 
party thro' whose land such way shall be laid; and if any 
shall be dissatisfied with the sattisfaction given, upon their 
address to the Quarter Sessions, the s'^ Sessions are hereby 
impowered to have & determine according to Right. And 
it is hereljy fui'ther Enacted, that the Selectmen of each 
towne within this Province are hereby impowered, either 
by themselves or a Committee appointed by them to lay 
out particular & private highways, provided due sattisfac- 
tion be made to the person through whose Land such high- 
way shall be made ; but if the party shall not be sattisfied 
with what the Selectmen or Committee by them appointed 
do, he or they have liberty to make their address to the 
Quarter Sessions, who are hereby impowered to see Justice 
therein. 



PROVINCE LAWS. 211 

No. 50. 

An Act for continuing^ unto his Majesty the several duties of 
Custom, Excise, Impost and Powder money or Tunnage of 
shipping. 
Januaiy 7, 1698-9. 

" Be it enacted, tfec., by the Hon'ble Samuel Allen, Esq., 
Governor, Council & Representatives, That from and after 
this seventh day of Jan^ one thousand six hundred and 
ninety eight [nine] untill the fifth day of Noveml/ next 
ensuing, the sevrall rates and duties sett upon all Wines, 
Liquors cfe Merchandizes that shall be imported into this 
Province, and all duties of Tunnage in and by the said 
former acts of Impost, Excise, Custom and Tunnage 
money, bee, and are hereby continued to be paid in and by 
the s*^ Act as directed ; That is to say, the duties of Im- 
post, Customs and Excises, to be imployed for the reception 
of the Earl of Bellmont, & the Tunnage money for supply 
of his Maj*y^ Fort, William & Mary, at New Castle." 

No. 51. 

An Act Regulating Fees. 
April 5, 1698. 

Be it enacted, &c., that the establishment of the Fees 
belonging to the severall Officers, in the Province, be as 
followeth : 

Justices'' Fees. 
For every Attachm* or Summons for Actions not 

exceeding 40s. six pence .... 
Sub-pena, each witness, .... 

Entering the action, ..... 

Filing papers, each paper, .... 
Every warrant for criminals, .... 
Bond for appeale, ..... 

Copy of evidence, ...... 

Copy of Judgment, 

Every recognizance, ..... 

Conferring Judgment, ..... 
Affidavit out of Court, ..... 
Each day's attendance at the sessions, to be paid 

out of the fines, . . . . ' . . : 4 : 00 
Acknowledging any Deed or Mortgage or any 

other instrument, . . . . . ; 2 : 00 
Every Execution, : 2 : 00 



; 


; ; 


: 06 


: 


: : 


: 02 


: 


: 3 : 


: 00 


; 


: ; 


: 02 


; 


: 1 ; 


: 00 


; 


; 1 ; 


; 00 


; 


: : 


: 06 


: 


; ; 


; 06 


; 


: 2 ; 


: 00 


: 


; 1 \ 


: 00 


: 


; 1 : 


: 00 



212 PROVINCE OF NEW-HAMPSHIRE. 

Coroner's Fees. 
For taking any Inquisition to be paid out of y® 

Estates of the deceased, . . . <£0 : 13 : 04 
If no Estate, then to be paid out of the public 

revenue, . . . . • • .0:6:8 

Fees for Probate, Granting of Wills, Administration, ^c. 

For granting Administraf Bonde & Letter of 
Administration und'' the seal of the Office, if the 
Inventory amount to thirty pounds or upwards, 
to the Judge four shillings, to the Register 
three shillings, sixpence, . . . ^£0 : 7 : 06 

If the Inventory be und'' thirty pounds, . : 5 : 00 

Probate of Wills where the Inventory amounts 

to thirty pounds or upwards, to the Judge, . : 3 : 06 

Probate of Wills where the Inventory amounts 

" « to the Register, : 2 : 06 

If under thirty pounds, : 4 : 00 

Recording of Wills or Inventory of one page & 

filing the same, . . . . ^ . . : 2 : 06 

If more, each page of twenty eight lines, eight 

words in a line, : 1 : 00 

For copy of a Will or Inventory twelve pence 

per page, each page to contain as afores'^, . : 1 : 00 

Allowing acc"% settling & dividing of Intestate 
estates, ....... 

Every sitation, . . . 

Every Quietus, 

Warrant for Apprisem*, .... 

Makhig out a Commission for receiving and ex- 
amiriing claims of creditors to Insolvent es- 
tates, & registering the same, . . . : 3 : 00 

Regestcring the Commissioner's Report, after 
the rate of one shilling per page, to be ac- 
comp* as aforesaid, . . . . . : 1 : 00 

For entering an order upon the Administraf^ to 
pay out of the Estate in proportion unto the 
the coverall credit" returned by the Commis- 
sioners, • : 1 : 06 



; 


; 6 : 


; 00 


; 


; 1 : 


: 00 


; 


: 4 ; 


: 00 





: 2 


: 00 



PROVINCE LAWS. 213 

Secretary''s Fees. 

The engrossing of Acts or Laws of the Gen" As- 
sembly, one shilling per page, to be paid as 
afore"', out of the public revenue, • , : 1 : 00 

Every Commission for the Justices of each 
County & Commission of Oyer & Terminer, 
ten shillings, to be p*^ out of the publick rev- 
enue, : 10 : 00 

Every Commission for Military Officers to be pd 

out of the public revenue, . . . . : 3 : 00 

Special Warrant or Mittemus, by order of the 

Govern'" k Councill, each, . . . . : 2 : OG 

Every Commission under the great seal, for 

place of profit, :10 : 00 

Every Bond, : 2 : 00 

Every Order of Council to the benefit of any 

particular persons, . . . . . : 2 : 06 

Every petition to the Govern"^ & Council or Gen' 
Assembly, According to the import, from one 
shilling to ten shillings A Passe ; or a Sea- 
breife, : 3 : 00 

A Bill of health, : 3 : 00 

Every Writt for electing of Assembly men di- 
rected to the Sheriffe or Marshall, under the 
Province seal, five shillings, to be paid out of 
the public revenue, . . . . . : 5 : 00 

In transcribing the Acts or Laws passed by y** 
Gen'' Assembly into a Book, twelve pence a 
page, each page to contain twenty eight lines, 
eight words to a line, & so proportionally, to 
be paid out of the public revenue. 

In the Superiour Court • 

Entry every Action for tryalls. 
Out of which to the Clerk, . 
Taking every special l^ayle. 
Allowing of a writ of Error, . 
Allowing a Habeas Corpus, 
Confesing Judgment, . 
Acknowledging satisfaction of 

record, . . . 
In all criminall cases where a fine is set. 
Taxing every bill of costs, 



The Justices^ Fees 






. £0 : 


12 


00 


. : 


2 


00 


: 


2 


00 


. : 


3 


00 


: 


2 


00 


. : 


2 : 


00 


idgment on 






. : 


1 


00 


is set, . : 


G 


00 


. ; 


1 


00 



214 



PROVINCE OP NEW-HAMPSHIRE. 



ClerJc^s Fees. 

Every writt & the Seal, 

Every rule of cost, 

Fileing every declaration, .... 

To the jury to be paid down for the Plaintiffe, . 

Entring appearance, ..... 

Signing Judgment by defaults, . 

Taking every verdict and recording of it. 

Copies of all records, one shilling a page, each 
containing twenty eight lines, eight words 
for a line, .....-• 

Less than one page, 

Every action withdrawn — non suite, 

Every petition rec'', 

Order thereon, ....... 

Fileing the Records of each action, two pence a 
paper, ....... 

Every Execution, 

In Criminal Cases. 

Drawing & Engrossing every Indictment or In- 
formation, ....... 

Every appearance, ..... 

For the discharge of any person upon baile for y® 
peace, good behaviour, contempte and y" like, 
and warrant thereon, ..... 

In awarding & making forth Process against the 
defendant on Information, . . . . 

Every warrant for y" peace, good behaviour, . 

In ye Inferior Court — Justices' Fees. 

Entring every action, . . . . .0 
Of which the Clerk is to have, . . • . ^ 
Taxing speciall bayle, two shillings, of which 

the clerk is to have one, . . . .0 
Confesing of Judgment, .... 
Acknowledging satisfac" of Judgment on Record, 
Taxing every bill of costs, one shilling, whereof 

six pence to the Clerk, . . . .0 



10 

2 

2 
1 
1 



06 
06 
00 
06 
06 
00 
00 



1 : 00 
1 : 00 
1 : 00 



00 
00 

00 
00 



2 : 00 
: 06 



: 1 : 00 



00 
00 



00 
00 

00 
00 

00 

00 



PROVINCE LAWS. 215 

To ye Jury to he paid down by the Plaintiffe — Clerke Fees. 

For every writt and seal, 

Entring appearance, 

Entring and recording the Verdict, 

Making up the Records, 

Copies of all Records, each page, as before, 

Every Action withdrawne or non suit. 

Every Execution, .... 



. : 


: 1 : 


; 00 


. : 


; : 


: 06 


. : 


; 1 ; 


: 00 


. : 


; 1 ; 


; 00 


3, . : 


: 1 


: 00 


. ; 


: 1 : 


: 00 


. ; 


. o 


: 00 


Jiis Fees. 






. : 


: 2 ; 


; 00 


: 


: 1 : 


; 00 


. : 


: 1 ; 


: 00 


. : 


: 


; 03 


viour, : 


1 : 


; 00 



Clerke of the Sessions or Peace, - 

Entring Complaint on Indictment, 
Discharge of a Recognizance, 
Making forth process against criminalls. 
Every summons, ..... 
Every warrant for the Peace or good behaviour, 
Every house of Publick entertainment or retail- 
ing, whereof two to the clerke, . . . : 5 : 00 

Sheriff s\ ^larshalW or Constables'' Fees. 

For serving every summons for tryall, . . : 1 : 00 
Every Capies or Attachment, two shillings, 

and if above one mile, three per mile, besides, : 2 : 00 
Baile bond, . . . . _ . . . : 1 : 00 
Serving execution or levying of it, for the first 
twenty pound or under, one shilling per 
pound ; above that not exceeding fourty four 
pounds, six pence per pound ; above fourty 
pounds, not exceeding one hundred pounds, 
three pence per pound ; for whatsoever ex- 
ceeds one hundred pounds, two pence per 
pound, besides four pence per mile from 
travailing from home, 
ry tryall one shilling, . . . : 1 : 00 

Every precept for choosing Representatives, to 

be paid out of the public Revenue, . . : 10 : 00 

Cryer''s Fees. 

For calling the Jury, sixpence, . . . : : 06 
Every non-suit, one shilling, . . . : 1 : 00 
Every verdict, twelve pence, . . . : 1 : 00 



216 PROVINCE OF NEW-HAMPSHIRE. 

Q-oaler's Fees. 

For turning the key npon every prisoner com- 
mitted, : 5 : 00 

Discharge, two shillings six pence, . . : 2 : 06 
For dyett for each prisoner, two sliillings and 
six pence per weeke, and so proportionable 

he finding the same, : 2 : 06 

And he it fiirtlier enacted., by the Authority of the same, 
That what officer soever shall ask, demand and take, any 
greater or other fees than are before mentioned for the 
matter afores'', or any of them, and be thereof duly con- 
victed in any Court of Record within this Province, shall 
forfeit and pay the sum of ten pounds current money, one 
moiety whereof to be unto our Soveraigne Lord the King, 
his heirs and successors, for and towards the support of the 
government of this his Province, and the contingent charge 
thereof, and the other moiety to the informer or him that 
shall sue for the same in any Court of Record ; wherein 
no essoign,* protection or wager of Law, shall be allowed ; 
And shall further pa^ 'uito tlie partie grieved double the 
value of the excessive fees so taken. 

No. 62. 

Jurors, &c. 

An Act to return able and sufficient Jurors to serve in the 
several Courts of Justice, and to Regulate the Election 
of Representatives to serve in the General Assembly 
within this Province. 
[Passed at the Session begun & held at Portsmouth, Aug. 
7th, 1699, and copied from the firat ^jrinted Laws of the 
Province, 1T16.] 

Be it enacted by his Excellency the Grovernor, Council, and 
Representatives, convened in General Assembly, and by Au- 
thority of the same. That the Clerks of the several Courts 
of Justice within this Province, Fifteen days at leabt before 
the day limited by Law, for holding such Courts, from time 
to time, shall make out a Writ of Venire Facias, directed 
unto the Sheriff of the Province, Commanding him in his 
Majesty's Name to Impannel and Return so many good 
and lawful men for Grand and Petit Jurors out of the sev- 

* Excuse for non-appearaaco in Court at the time appointed. 



PROVINCE LAWS. 217 

eral Towns within tins Province, in as near a Proportion 
as may be according to the nnmhcr of Inhabitants, each 
person so returned to have an Estate of Frecliold worth 
Forty sJtiUings per Annum, at tlie least, or Fifty Pounds Ster- 
ling in Personal Estate. And the Sheriff shall cause each 
person named in his Pannel to be duely summoned and 
warned to attend the service of the Court, where the same 
is returnable. The Grand Jurors for the Quarter Sessions 
of the Peace, to serve one whole year from the time of 
their being sworn ; And every person ImpannclFd and 
Summoned as aforesaid, to serve as a Juror at any of the 
said Courts, who shall make default by not ap])earing or 
not attending the service required of him, shall lose and 
forfeit the sum of Forty shillinys, unless such person make 
a reasonaljle excuse for the same to be approv'd and allow- 
ed by the Justices of the said Court ; The said forfeiture 
to be unto the use^of our Soveraign Lord the King, for and 
towards the support of the Government, and for answering 
the Incident Charges thereof, and to be imposcd'and set 
by the Justices of the Court where tl Venire is returnable. 
And when it shall happen by reason of Challenge, default 
in appearance or otherwise, there shall not remain a suffi- 
cient numlicr to make up a Petit Jury, the Sheriff, by com- 
mand of the Justices of the Court, shall return so many 
persons, de talibus circumstantilms, as shall be requisite to 
make up a full Jury. And in Case where the Sheriff shall 
be a party, or related to either of the Parties, the Jury 
shall be Impannelled, and return'd by the Coroner, who is 
also hereby impower'd to serve Writts, in cases where the 
Sheriff is concerned. 

And he it further enacted by the Autliority aforesaid, That 
no person Inhabiting within this Province, other than Free- 
holders of the value or income of Forty shilling's j^er An- 
num or upwards in Land, or worth Fifty Pounds sterling 
at the least in personal Estate, shall have any vote in the 
Election of Kepresentatives, or be capal)le of being Elected 
to serve in the General Assemlily ; and the Tryal of such 
Qualification, as aforesaid, shall be by the last Lists of 
Rates and Assessments, which the Selectmen of each re- 
spective Towne are hereby required to bring with them 
for that end, upon all days and times appointed for such 
Election. 



218 PROVINCE OF NEW-HAMPSHIRE. 

And he it further enacted hij the Autliority aforesaid, That 
there be a suitable person chosen in each Towne after the 
same manner used for choice of other officers, to be Town 
Clerk, to serve in the said office until another be chosen 
and Sworn in his stead. And every such Town Clerk 
shall have an Oath Administered unto him, by a Justice of 
the Peace, well and truly to Execute the said Office and 
Trust. 

No. 53. 

Courts of Justice.* 

An Act for Estahlishing Courts of Public Justice within 
this Province. 

Whereas the Orderly Regulation and Establishing of Courts 
of Justice, as well in respect of time as place, for the 
holding of the same, doth very much tend to the Plon- 
our and dignity of the Crown, and to the ease and ben- 
efit of the subjects: 

Be it therefore enacted by his Excellency the Governor, 
Council, and Representatives, convened in General Assem- 
bly, and by Authority of the same. That every Justice of 
the Peace in the same Town where he resides, be, and 
hereby is fully Authorised and Impowered to Hear, Try 
and Determine, all Pleas and Actions of Debt and Tres- 
pass, where Title of Land is not concerned, arising or hap- 
ning within this Province, to the value of Forty shillings, 
or under, and to give Judgment therein, and to award Ex- 
ecution there-upon ; and either Party aggrieved at the 
Judgment or Sentence given by any such Justice in Civil 
Causes, may appeal therefrom unto the next Inferiour Court 
of Common Pleas ; the Party appealing giving Security 
before such Justice unto the Ap))ellee, in a reasonable sum, 
to prosecute his Appeal with Effect, and to answer and 
pay such Cost and Damages as shall be awarded against 
liim, in case the first sentence be affirmed. 

And for the better Conservation of the peace tf Punishment 
of offenders, 
Be it further enacted, by the Authority aforesaid, Tliat 
there shall be held and kept by the Justices of the Peace 
within this Province, or so many of them as shall be lim- 
ited by the Commission of the Peace to make a Quorum, 

*rrmted in first edition of Province Laws, 1716. 



PROVINCE LAWS. 219 

Four Quarterly Courts, or General Sessions of the Peace 
yearly, at the Town of Portsmvuth, on the first Tuesdays 
on the Months of March, Jane, September and Deeemher, 
from time to time ; which said Court shall have Cog-nisance 
of all matters and things proper to the Jurisdiction of said 
Court relating to the Conservation of the Peace and Pun- 
ishment of offenders, according to the law and Statutes in 
Force within this Province : And the Sessions of the said 
Court sliall hold & continue by the space of Two days and 
no longer. 

And he it further enacted, by the authority aforesaid, 
That there shall be Held and Kept at Portsmouth afore- 
said, an Inferiour Court of Common Pleas, by four Justices 
to be Appointed and Commissionated thereto by the Gov- 
ernor, or in his al)sence the Commander-in-Chief for the 
time being, any Three of whom to make a Quorum, the 
said Court to be held and begin at the time and days fol- 
lowing : That is to say, On Thursday next after the rising 
of the Court of the Quarter Sessions of the Peace, from 
time to time, which said Inferiour Court of Common Pleas 
shall have cognisance of, hear, try and determine all Act- 
ions, Matters and Causes tryable at the Common Law, not 
exceeding the Sum or Value of Twenty Pounds, and when 
Title of Land is not concerned, — and give Judgment therein 
and award Execution accordingly. 

Provided nevertheless, That either Party aggrieved at 
any Judgment or sentence given in the said Court, may 
Appeal therefrom unto the next Superiour Coiu-t of Ju- 
dicature : Such Appellant giving sufficient Sccni-ity in 
double the Sum or Value recover' d unto the Appellee, be- 
fore one or more of the Justices of the Inferiour Court, to 
prosecute his Appeal with Effect, and to answer and pay 
such Cost and Damages as shall be awarded against him 
in case the first sentence shall be affirmed. 

And further he it enacted, by the Authority aforesaid, 
That there be Held and Kept at Portsmouth aforesaid, and 
not else-where within this Province, a Superiour Court of 
Judicature, by one Chief Justice and Three other Justices 
to be Appointed and Commissionated thereto hy the Gov- 
ernor, or in his absence by the Commander in Chief for 
the time being, any three of whom to make a Quorum, on 
Second Tuesday in August and on the Second Tuesday in 



220 PROVINCE OF NEW-HAMPSHIRE. 

February, yearly, from time to time ; which said Courts 
shall have Cognisance of all Pleas and Causes as well Civil 
(not under the value of Twenty Pounds, except where 
Title of Land is concerned) as criminal, as fully and amply 
to all intents and purposes whatsoever, as the Courts of 
King's Bench, Common Pleas & Exchequer within his 
Majestie's Kingdom of England have or ought to have, and 
are hereby Impowered to give Judgment or Sentence, and 
award Execution therein ; and it shall be in the liberty of 
any Party, Plaintiff or Defendant aggrieved at any Judg- 
ment given in the said Superiour Court, to Appeal there- 
from unto the Govern our and Council : Provided the value 
Appealed for exceed the sum of one Hundred Pounds Ster- 
ling, and sufficient Security be given, in manner as in and 
by this Act is before directed, to prosecute the same, and 
to pay sucli Costs and Damages as may be awarded in case 
the first sentence shall be affirmed. 

And it is hereby enacted and ordained, That in Civil 
Causes to be commenced at the said Superiour Court of 
Judicature, where the Matter in Controversy exceeds the 
true value and Sum of Three Hundred Pounds Sterling, 
it shall and may be in the liberty of the Party aggrieved 
to Review the said Cause by a new Process out of the said 
Court, once and no more ; and if either Party shall 
not rest satisfyed with the Judgment or Sentence of the 
said Sui)eriour Court, either upon the first Tryal or upon 
the Review, such Party may Appeal there-from unto his 
Majesty in Council : Provided, the matter in difference ex- 
ceed the true value and Sum of Three Hundred Pounds 
Sterling, and that Such Appeals be made within Fourteen 
days after sentence given, and that Security be likewise 
given by the Appellant, to answer such charges as shall 
be awarded in case the first sentence shall be confirmed. 

And he it further enacted, by the Authority aforesaid, 
That all Writs and Processes for bringing any Actions or 
Suits to Tryal, in any of the Courts aforesaid, shall be 
Summons, Capias or Attachment, and shall issue out of 
the Clerk's office of the same Court under the Seal there- 
of, and signed l)y the Clerk, and shall be directed to the 
Sherilf, Under Sheriff or Deputy, and executed Fifteen days 
before the day of the Court's sitting, and to be returned to 
the Court from whence the same issued. Writs and Pro- 



PROVINCE LAWS. 221 

cesses for Tryal before a Justice of the Peace to be granted 
by such Justice, directed unto a Constable or Constables, 
and to be executed Seven days before the day appointed for 
such Tryal and to be return'd to the Justice. 

And be it further enacted, That every person Appealing 
from any Judgment or Sentence given in any of tlie Courts 
aforesaid, shall file a Declaration in the Clerk's office of 
the Court Appealed from, therein briefly assigning the Er- 
rors in such Judgment fifteen days at least before the day 
of the sitting of the Court Appealed unto. And if the 
Appeal be made from a Sentence or Judgment given by a 
Justice of the Peace, such Declaration shall be filed with 
the Justice l)y the like time. 

JBe it further enacted, by the Authority aforesaid. That 
as well the Justices of the Inferiour Court of Common 
Pleas, as the Justices of the Superiour Court of Judicature 
respectively, where the Forfeiture or Penalty of any obli- 
gation with a Condition under written or a Penalty an- 
nexed to any Articles, Agreement, Covenants, Contracts, 
Charter, Party or other Specialty or Forfeiture of any Es- 
tate granted upon Condition, executed by Deed of Mort- 
gage or Bargain and Sale with defeazance, shall be found 
by Verdict of Jury or by Default or Confession of the ob- 
ligor. Mortgager or Vender, are hereby Impowered and 
authorized to Moderate the rigour of the Law. And on 
consideration of such cases according to Equity and good 
Conscience to change such Forfeiture and to enter up 
Judgment for the just Debt and Damages, and to award 
Execution accordingly ; only in real Actions upon Mortgage 
and Bargain and Sale with defeazance, the Judgment to 
be Conditional, that the Mortgager or Vender, and his 
Heirs, Executors or Administrators, to pay unto the Plain- 
tiff such Sum as the Court doth determine to be justly due 
thereupon, within Two months time after Judgment enter'd 
up, for discharging of such Mortgage or Sale, and that the 
Plaintiff recover Possession of the Estate sued for, & Exe- 
cution to be awarded for the same. And the Justices of 
the said several Courts, as Superiour, as Inferiour, respec- 
tively, shall take the Oath following, to be Administered 
unto each of them by the Governour, or in his absence by 
the Commander in Chief for the time being, or on such 
as shall be by him thereto appointed ; That is to say, 



222 PROVINCE OF NEW-HAMPSHIRE. 

You Swear, that well and truly you shall serve our Sov- 
eraign Lord the King, and his People, in the Office of the 
Court of and that you will do equal Law 

and Execution of Right to all People, Poor and Rich, after 
the Laws in force within this Province, and usage within 
the same ; and in such cases, as the Law doth specially pro- 
vide to be relieved in Equity and good conscience, without 
having regard to any Person whatsoever. So help you God. 

Any Law, Usage or Custom to the contrary in any wise 
notwithstanding. 

No. 64. 
Observation or Keeping the Lord's Day.* 

[Passed at Session begun and held at Portsmouth, July 
19% 1700.] 
An Act for the better Observation and Keeping the Lord's Day, 

Be it enacted <f Ordained by the Lieutenant Governour, 
Council, and Representatives, convened in General As- 
sembly, and it is Enacted by the Authority of the same, — 
That all and every person or persons whatsoever, shall on 
that Day carefully apply themselves to Duties of Religion 
and Piety Publickly and Privately ; And that no Trades- 
man, Artificer, or other person whatsoever, shall upon the 
Land or Water, do or exercise any labour, business, or work 
of their ordinary calling ; nor use any Game, Sport, Play, 
or Recreation on the Lord's Day, or any part thereof (works 
of Necessity and Mercy only excepted,) upon pain that ev- 
ery person so offending shall iov^eii Jive shillings. 

Further, It is Ordered and Declared, That no Traveller, 
Drover, Horse-courser, Waggoner, Butcher, Higler, or any 
their Servants, shall travel on that Day, or any part thereof, 
Except by some adversity they were belated, and forced to 
lodge in the Woods, Wilderness, or High-ways the Night 
before ; and in such case to travel no further than the next 
Inn, or Place of Shelter, on that day, upon the penalty of 
Twenty shillings. 

Further, It is Ordered, That no Yintner, Inn-Holder or 
other person, keeping any Publick house of Entertainment, 
shall entertain or suffer any of the Inhabitants of the re- 
spective Towns where they dwell, or others not being 
strangers, or Lodgers in such Houses, to abide or remain 
in their Houses, Yards, Orchards, or Fields, Drinking or 

•Printed in first edition of Province Laws, 1716. 



PROVINCE LAWS. 223 

Idly spending their time on Saturday Night after the Sun 
is sett, or on the Lord's Pay, or the Evening following, 
upon the pain and penalty of Five shillings, for every person, 
payable by themselves respectively, that shall be found so 
drinking, or abiding in any such House, or dependencies 
tliereof, as aforesaid ; and the like Sum of Five shillings to 
be paid by the Keepers of such Houses, for every person en- 
tertained by them. 

And for the better Execution of all and every the foregoing 
' Orders : Every Justice of the Peace within this Province 
shall have power and authority to Convict before him any 
person or persons, who shall offend in any of the particulars 
before mentioned ; and upon his own view or other Legal 
conviction of any such offence, to impose the fine and pen- 
alty for the same ; and to restrain and commit the Offender, 
until it be satisfied ; or to cause the same to be levied by 
distress and sale of the Offender's goods, returning the over- 
plus, if any be : And in case any such Offender be unable 
or refuse to satisfy such fine, to cause him to be put in the 
cage or set in the stocks, not exceeding Three Hours. All 
fines and penalties Accruing by this Act to be to the benefit 
and relief of the Poor of such Town where the offence is 
committed, and delivered into the hands of the Select-men 
or Overseers of the poor, for that end. 

And all Masters and Governours of Families are hereby 
required to take effectual care that their children, servants 
and others under their immediate government do not trans- 
gress in any of the foregoing particulars. 

And all and every Justices of the Peace, Constables, and 
Select-men are required to take effectual care, and endeavour 
that this Act in all the particulars thereof be duly observed: 
As also to restrain all persons from Swimming in the Water 
unnecessarily ; And unseasonalde Walking in Streets, or 
Fields, in any part of this Province ; Keeping open their 
Shops or following their secular Occasions, or Recreations 
in tlie Evening preceding the Lord's Day, or any part of the 
said Day, or Evening following. 

And all persons are strictly required to be obedient to, 
and aiding and assisting such Justices, Constables, and other 
Officers herein, as they will Answer the contrary at their 
peril. 



224 PEOVINCE OF NEW-HAMPSHIRE. 

No. 55. 
AN ACT AGAINST ADULTERY AYD POLYGAMY.* 

[Passed June Session, 1701.] 
Whereas the Violation ot the Marriage Covenant is highly 

provoking to God, and destmictive to Families, 

Be it therefore Enacted, <S:c., That if any Man be found in 
Bed with another Man's Wife, the Man and Woman so of- 
fending, being thereof convicted, shall be severely whipped, 
not exceeding Thirty stripes ; unless it appear upon Tryal, 
that One Party was surprised, and did not consent, which 
shall abate the punishment as to such Party. 

And if any Man shall commit Adultery, the Man and 
Woman that shall be convicted of such Crime before his 
Majesty's Justices of the Superiour Court of Judicature, 
shall be set upon the gallows by the space of an Hour, with a 
Rope ab'out their Necks, and the other end cast over the gal- 
lows ; and in the way from thence to the Common Goal 
shall be severely whipped, not exceeding Forty stripes each ; 
Also every person and persons so offending shall forever 
after wear a Capital Letter A of two inches long and pro- 
portionable in bigness cut out in Cloth of a contrary colour 
to their oloathes, and sewed upon their upper Garments, on 
the outride of their Arm, or on their back in open view. 
And if any person or persons having been convicted and 
sentenced for such offence, shall at anytime be found with- 
out their Letter so worn, during their abode in this Province, 
they shall by Warrant from a Justice of the Peace, be forth 
■with apj)rehended, and Ordered to be Publickly Whipped, 
not exceeding Fifteen stripes, and so from time to time, 
toties quuties. 

And be it further enacted, That if any person or persons 
within this His Majestie's Province, being Married, or which 
hereaftci- shall marry, do at any time after the day of the 
date hereof, presume to marry any person or persons, the 
former Husband or Wife being Alive, or shall continue to 
Live so married ; that then every such offence shall be 
Felony ; and the person or persons so offending shall suffer 
Death, as in cases of Felony. 

Aiul he it further enacted and declared, That if any married 
person, ]\Ian or Woman, hath lately, or hereafter shall go 
to sea, in any Ship or other Vessel bound from one port to 
another, where the passage is usually made in Three Months 

• Printed in first edition of Province Laws, 1716. 



PROVINCE LAWS. 225 

time ; and such ship or vessel hath not heen or shall not 
bo heard of within the space of Three full years next after 
their putting to sea from such Port ; or shall only be heard 
of under such circumstances as may rather confirm the 
Opinion commonly received of the whole Companie's being 
utterly lost ; in every such case, the matter being laid before 
the Governor and Council and made to appear, the Man or 
Woman whose relation is in this manner parted from him 
or her, may be esteemed single and unmarried ; and upon 
such declaration thereof, and License obtained from that 
Board, may lawfully Marry again ; Any Law, Usage or 
Custom to the contrary notwithstanding. 

No. 56. 

AN ACT AGAINST TRESPASSING IN TOWN COMMONS. 

Complaint being made to the General Assembly, by several 
persons within this Province, that ill-disposed persons do 
presume to Fence in some of their principal Commons 
and Feeding Land belonging to their several Towns, 
without having any grant or leave from the Town for the 
same, which is a great disturbance to the Peace of his 
Majestie's Subjects, and tends to the great detriment of 
the Inhabitants of the Towns where such Lands do be- 
long, if not timely prevented : 

Be it therefore enacted, <fcc.. That whosoever shall presume 
to Fence or Build upon any Town Common Land, without 
first obtaining a Grant or Lease from the Town for the 
same, shall pay a fine of Five Pounds to his Majesty, His 
Heirs, and successors, for and to^vards the support of this his 
Government ; and Twentt/ Shillings Monthly to the Select- 
men of tlie Town where such Trespass is committed, for 
the use of the Poor of the Town, for so long as the Tres- 
passer shall continue his said Fence or Building on the 
Common Land, after Convictment. 
15 



226 PROVINCE OF NEW-HAMPSHIRE. 

No. 57. 

Province New Hampsliire. 
An Act to prcveyit Contentyon .f Controversy that maye arise 

Concerninge the Bounds of the Hesj^ective Towns ivitliin this 

Province. 

[seal.] Bee it Enacted by the Left"* Govern'', Coiinsell 
& Representatives convened in Gene^^ Assembly, and by 
the Authority of the same ; that the Line betweene the 
Provinces and the ]\rassathnsetts Bay and New Hampshire 
from the Sea Westwardly, shall be the Southerly Bound of 
the town of Hampton ; and tlie Northerly Bounds as fol- 
lowing, viz: five miles Dew North from Hampton Meeting 
hous to a Marked Tree at or Near Winnicutt River, & 
thence Westwardly on a Directe Line to a marked tree 
within two miles of Exeter Meeting House, and thence on 
a Directe Line to a Marked tree near Ass brooke by the 
High waye, and thence on a Directe Line to an old bound 
Tree Marked, a Mile and a halfe South from Exeter falls, 
and thence upon a Weste and by South Line as far as the 
utmoste Extent of Salesbury town Bounds Westwardly, 
and thence to Run a hed Line Southerly till it meet w''^ 
the aforesaid Bound Line between the Province of the 
Massathusetts and New-Hampshire ; the Bound by the Sea 
Eastward from Hampton Meeting house to begin from the 
Causewaye and thence to Run five Miles along shore by the 
High Waye, w'^'^ is supposed to end about Josling Necke, 
and thence on a Directe Line Westwardly to the Bound 
tree, five Miles North of Hampton Meeting house. 

Exeter Bound Eastwardly, to begin at the mouth of 
Lamperill River, and thence on a Directe Line over the 
Great Baye to a Marked tree at Wales' Cove, & thence to 
Run South & by Este to Hampton Bounds, and Thence by 
Hampton Bounds to the South bound tree a mile and a 
halfe South of Exeter falls, and thence to Run on a Weste 
and by North line tenn Miles into the Woods ; and from 
the mouth o£ Lamperill River aforesaid, up said River to 
the falls whereon was formerly a saw mill, comonly called 
Wadlones upper mill ; & thence Weste & by North into the 
AVoods four miles, & thence to Run a hed Line Southerly 
to meet w"' the Hed of the Southward bound Line, Reserv- 
ing to the Town of Dover .the Hoole prevelidge of the said 
Lamperill River, Streme and falls for the Erectinge Mills 



PROVINCE LAWS. 227 

Dames, &c., on either side the River, without Annoy- 
ance from the Towne of Exeter, and that no Interuption 
be given by any to prevent the transportation of Timber 
Downc the River to the Lower falls. By making booms or 
otherways. 

Dover Bound Northerly Begins at .y*' middle of Quam- 
phegan falls, and so up the River four miles or thereabouts 
to a Marked tree by the River side within a mile of white- 
hall, and from the said Quamjihegan falls Downe the River 
to Hilton's Foynt, and from thence to Cannyes Crike, & 
thence on a Directe Line to Hoogstie Cove* with the 
Mashes on the Grete Baye, and foure Hundred Acres of 
Upland Adjoyninge thereto as formerly laid out, and from 
Hoogstie Cove over to Lamperill River mouth, and so up 
the River to the Uper falls, whereon was formerly a saw- 
mill commonly called Wadlones LTppcr Mill, and ihcnce 
West and by North in to the AVoods two miles, and Thence 
to run a hed northerly to meete w*'' the Hed of the North- 
ward Bound Line on Newichwanake River, allways Reser- 
vinge unto the towne of Dover the whole prevelidge of the 
said Lamperell River, Streme and falls for the Erectinge 
Mills, Dames, <fec., on either side y° River w"'out anoyance 
from the towne of Exeter, and tliat no Literuption be given 
by Any to p'vent the transportation of Timber Downe the 
River to the Lower falls, by making Booms or otherwaies. 

Portsm° is Bounded by the Sea and the River, and Butts 
on all the other three townes, before mentyoned. New 
Castle and Kingstown to be Bounded According to their 
Charters, Provided Kingston Do not Entrench upon Exeter 
Bounds. 

And whareas Sundry Lands, sutcli as the Lands of 
Swampscutt and those Lands between Hampton and the 
Massuthusetts bounds, are now settled w"'in the Bounds of 
our townes aforesaid, which ware not formerly. So all Per- 
sons having Righte, title or Intereste in and to the said 
Lands, are hereby preserved in their said Rights and Prop- 
perties as fully and ampply as before the settlement. 

12t]i Septem'-, 1701. This Bill was red three times & 
Passed l)y y^ Counsell to be Enacted and sent down to y° 
House of Representatives for concurrence. 

Charles Story, Secretary. 

* A place where s^7ine were driven from Exeter, every Spring. See Vol. I., 
Prov. Rec, pp. 139, 142.— Ed. 



228 PROVINCE OF NEW-HAMPSHIRE. 

Eodem die. Passed by the Assembly, whoo desires this 
bill may be Enacted : The Liften' Govern'' consenting 
thereto. 

Sam" Penhallow, Speaker. 

By the L*. Govern^: I assente to the Enacting this Bill. 

Wm. Partridge, Lef^ Govr^ 

No. 58. 

Province of New Hampshire. 

An Act f 07' the Confermaiyon of Toion Grants. 

[Seal.] Bee it Enacted by the Leften* Govern^ Coun- 
cill and Representatives Convened in Gen" Assembly, and 
by the Authority e of the Same, that all Grants of Lands 
that have bin Heretofore made unto any Person or Persons, 
by the Inhabitants of the Respective Townes w'^in this 
Province, or by the Selectmen or a Committee in Eatch 
Respective town, shall be Accompted and Held to be good 
and vallied mito the several Grantees, there Heirs, Exec''% 
and Assignes forever, Any Law, usage or Custom to y° 
contrary Notwithstanding. 

12th Septem'", 1701. This Bill was Red three times 
and Paste by y° Councill to be Enacted, and sent downe to 
the House of Representatives for concurrence. 

Charles Story, Secretary. 

Eodem die. Pass*' By the Assembly, hoo desiers this 
bill may be Enacted, the Lef Govern'' consenting thereto. 

Sam^ Penhallow, Speaker. 

By the Lif* Govern : I assent to the Enactinge this Bill. 

Wm. Partridge, Lt. Govern^ 

Note by the Editor. The two foregoing Acts were disallowed by his 
Jdajesty. See Farm. Belk., p. 158. 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 229 

[p. 97.] Province of New Hampshire. 

At a Council and Gen" Asseml)ly held 
at Portsm" on Friday, the 17"' of July, 
1702, Ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'' and Com- 
mander, etc., 
The Hon'^i'^ W' Partridge, Esq., L* Govern^ 
John Hinkes, J Nath^ Weare, J 

Nath' Fryer, \ Esqrs. Sam^ Penhallow, > Esqrs. 

Peter Coffin, ) John Plaisted, ) 

Henry Dow, Esq. 
Richard Jose, Esq., High Sheriffe of said Province, was 
sent by his Excellency as a message to the House of Rep. 
resentatives to acquaint them that his Excellency ordered 
them to choose a speaker, the late speaker of said House 
being removed up to this Board, by order of the Queen's 
Majesty. 

The Hon^^« W"^ Partridge, Esq., Lieut. Govern'', 
John Hinks, ] Nathaniel Weare, "j 

Nath* Fryer, > Esqrs. Samuel Penhallow, > Esqrs. 
Peter Coffin, ) John Plaisted, ) 

took the oath of privy Councillors. 

Mr. Nath^ Hill and W"' Cotton, members of the House 
of Representatives, brought up to this. Board the election 
and choice of the speaker, in hsec verba : 

In obedience to his Excellency's order, Capt. John Pick- 
ering was chosen speaker of the House of Representatives, 

by order of the House. 

Theodore Attkinson, Clerk. 

The petition of several inhabitants of Hampton was read 
at this Board, relating to their paying Rates to this Gov- 
ern* and the Massachusetts, praying relief therein. 

[p. 98.] Ordered, that a copy of said petition be sent, 
attested by the Secretary, to the Secretary of Boston, for 
his Excellency to consider of these ; and in the mean time 



230 PROVINCE OF NEW-HAMPSHIRE. [1702, 

the Constables of Hampton to be wrote to by the Secretary 
to make no distress upon said inhabitants, his Excellency 
declaring he will also order the same to be done at Salis- 
bury when he arrives at Boston, 

A message was sent down to the House of Representa- 
tives to order the Speaker to come up with the whole House 
to this Board, who accordingly came. 

And his Excellency was pleased to make a speech to them.* 

A Dedimus Potestatem was granted by his Excellency to 
John Hinks and Samuel Penhallow, Esqs., in order to give 
the oaths to Sam' Keais, W™ Cotton and Francis Page, new 
members of the Assembly, instead of the oaths of Alle- 
giance and Supremacy; which was accordingly done. 

Ordered, that half a barrel of powder be taken out of 
the Queen's stores and sent to Mr. James Blagdon, of the 
Isle of Shoals, for her Majesty's service. 

Adj'^ till 10 o'clock tomorrow morning. 



[p. 99.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm", by adj', on Saturday, the 
18"' of July, 1702, ante merediem, 
Present, 
His Excellency Joseph Dudly, Esq., Govern'', &c., 

The Hon'^^'^ W»' Partridge, Esq., P Govern'-, 
John Hinkes, J Nath' Weare, ] 

Robert Ellutt, > Esqrs. Sam' Penhallow, > Esqrs. 
Peter Coffin, ) Henry Dow, ) 

Mr. Secretary Story was sent by his Excellency as a 
message to the House of Representatives to acquaint the 
Speaker and the rest of the House that had not taken the 
oaths to her Majesty, as by law is appointed, to come up to 
this Board to take the same. Accordingly these persons 
following came, viz : 

* This speech not fouud oa record.— Ed. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 231 

John Pickering, Speaker, 

John Woodman, 

John Tuck, 

Joseph Swett, 

James Ran die, 

James Davis, 

Nathaniel Hill, 

Moses Levitt, and 

Theophilus Dudley, who took the oaths appointed, in- 
stead of the oaths of Allegiance and Supremacy, and 
repeated and subscribed the Test and Association, <fcc. 
Adj'' till three o'clock, afternoon. 



[p. 100.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm°, by adj', on Saturday, the 
18«^ of July, 1702, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 

The Hon^i" W^ Partridge, Esq., Lieut. Govern'', 
John Hinkes, ^ Nathl. Weare, ) 

Robert EUott, > Esqrs. Sam' Penhallow, > Esqrs. 
Peter Cofiin, ) John Plaisted, ) 

Richard Jose, Esq., High Sheriffe of Said Province, was 
sent down to the Speaker of the House of Representatives 
to order Theodore Attkinson, one of the members of the 
said House, to come up to this Board to take the oaths 
instead of the oaths of Allegiance and Supremacy ; who 
accordingly came and took the same, and Repeated and 
Subscribed the Test and Association. 

Robert EUott, Esq., took the oath of a privy Councillor. 

Mr. Nathaniel Hill, one of the members of the House of 
Representatives, brought up to this Board the foil, votes? 
as upon file : 



232 PROVINCE OF NEW-HAMPSHIRE. [1702. 

That there be an address of condolence and congratula- 
tion to her Majesty. 

That there be an address of Thanks to the Queen for the 
settlement of this government. 

That a Bill be drawn up to have the Powder money paid 
in specie. 

That there be a Present to the Govern'", and money raised 
to make good the former votes and disbursement ; — in all, 
five hundred pounds, and bill drawn up accordingly. 

[p. 101.] That there be an address to the Govern"", by the 
Council and Assembly,- to represent the matter of Timber 
to her maj'sty, so as that an Act may be properly made 
there upon. , 

That a Committee of both Houses be immediately chosen 
to draw up the bills afore mentioned. 

Which several votes were read at this Board and con- 
sented to by the Council. 

Another vote was sent up from the House of Representa- 
tives, as foil : — 

That Capt. John Pickering and Mr. Sam^ Keais, be of 
the Committee to join with two of the Council Board to 
draw up sundry votes passed this present day into Acts, by 
order of the Assembly. 

The Council have appointed Sam^^ Penhallow and John 
Plaisted, Esqrs., to be of the committee to join with Capt. 
John Pickering and Mr. Samuel Keais, to draw up said 
Acts, and that they have liberty to send for whom they 
please, to assist them therein. 

Adj*^ till Monday, 12 of the clock at noon. 



1702.] JOURNAL OP COUNCIL AND ASSEMBLY. 233 

[p. 102.] Province of New Hampshire. 

At a Council and Gen" Assemljly, held 
by adj', at Portsm°, the 20^^ July, Ante 
merediem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern% Sec, 
The Hon"'« W™ Partridge, Esq., Lieut. Govern% 

John Hinkes, ^ ^^ani^ Penhallow, ] 

Nath' Fryer, \ Esqrs. John Plaisted, [ Esqrs. 

Peter Coffin, ) Henry Dow, ) 

The petition of John Jackson, Robert Almery and Joseph 
Jackson, was read at this Board, and upon file. 

Order upon it, that the fees having been settled many 
years past, that the same continue to be collected and re- 
ceived as usual. 

The petition of Shadrach Walton was read at this Board, 
relating to 25"' : 4': 2'^: due to him from the Province, as 
Capt. of the Fort, &c., from the 23^^ September, 169S, to the 
23^' August, 1699. 

In answer to which petition, the petition'' having showed 
in Council a receipt and discharge under the hand of the 
late Lieut. Govern"" Usher, for his publick receipts of money 
in full of all demands, 

Ordered, that the demand of 25'" : 4' : 2'' be allowed out 
of the Public Revenue, and to have a warr' for his paym* 
out of the next taxes raised for the payment of the Province 
Debts — and that the said Receipt be put upon Record, and 
the Original receipt to be delivered into the hands of the 
Secretary. 

Adj'^ till 4 o'clock, Afternoon. 



23-1 PROVINCE OF NEW-HAMPSHIRE. [1702. 

[p. 103.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsmouth by adj', on monday, the 
20^^ July, 1702, Post mcrediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
The Hon'^"^ W" Partridge, Esq., Lieut. Govern^", 
John Hinkes, ^ Sam^ Penhallow, ^ 

Nath' Fryer, > Esqrs. John Plaisted, | Esqrs. 

Peter Coffin, ) Henry Dow, ) 

Mary Foulsham's petition was read at this Board, relating 
to her being released out of Prison, being in for Debt, and 
a very poor woman, — as upon file. 

In answer to which petition his Excellency and Council 
doth order that the Secretary write to the Creditor or his 
Attorney, who keeps the petitioner in goal, that if they do 
not take care to find out the petitioner's estate, whereby he 
may satisfy his Debt by laying his execution thereupon in 
twenty days time at farthest, that then the said Creditor 
shall allow said petitioner 2^ : 6*^ per week, for every week 
afterwards that she shall be kept in goal at his suit, or oth- 
erwise the petitioner to be discharged. 
Adj*^ till nine o'clock to-morrow morning. 



[p. 104.] Province of New Hampshire. 

At a Council and Gen' Assembly held by 
adj' at Portsm", on Tuesday, the 21^' of 
July, 1702, Ante meridiem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', <tc.. 
The Hon^i'' W" Partridge, Esq., Lieut. Govern--, 
John Hinkes, ^ Peter Coffin, ^ 

Nath' Fryer, > Esqrs. John Gerrish, > Esqrs. 

Robert Ellott, ) Sam' Penhallow, ) 

John Plaisted, Henry Dow, Esqrs. 
An address to her Majesty, relating to consolation and 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 235 

congratulation, <fcc., was signed by his Excellency GoTcrnor, 
<fcc., Council and Representatives, as upon file. 

Another ditto to her Majesty, relating to the settlement 
of this her majesty's Province, in making and constituting 
his Excellency Joseph Dudley, Esq. 

Another ditto, signed by the L* Governor, Council and 
Representatives, to his Excellency Joseph Dudley, Esq., as 
upon file.* 

The several bills following, having been read three times 
and passed both Houses, were consented to by his Excel, 
lency to be enacted : viz., 

An Act about powder. 

An Act for a tax or Assessment of 500""*. 

The petition of Joseph Palmer was read, relating to 
have a hearing of his cause, as upon file, between him and 
one Redman. 

Ordered, that a copy be given of [p. 105] the petition to 
the Attorney for Redman, in order to show cause why the 
said Palmer shall not have a rehearing. 

Jolm Gerrish, Esq., took the oaths a})pointed, instead of 
the oaths of Allegiance and Supremacy, and repeated and 
subscribed the Test and Association, and took the oath of a 
privy councillor. 

Adj'' till 3 in the afternoon. 

* Tbe several Addresses above referred to cannot now be fouud.— Ed. 



236 PROVINCE OF NEW-HAMPSHIRE. [1702. 

[p. 105.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm° by adj' on Tuesday, the 21^' 
July, 1702, post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', 
The Hon'"" W'" Partridge, Esq., L* Govern', 
John Hinkes, ^ Sam' Penhallow, ^ 

Natli' Fryer, V Esqs. John Plaisted, > Esqs. 

Robert Ellott, ) Henry Dow, ) 

Peter Coffin, Esq. 

Vote sent up from the House of Representatives that an 
Act be passed that a tax be raised on all sorts of goods and 
mercliandise, and all manner of lumber that shall be 
transported out of or Imported into this Province, to con- 
tinue till the last of July, 1703, Avas read and upon file. 

Theodore Atkinson, Clerk. 

[p. lOG.] Ordered, that the Lieut. Govern'' and Samuel 
Penhallow, Esqs., join with two of the members of the 
House of Representatives, as a Committee to draw up a 
bill according to said vote. 

Vote sent up by the House of Representatives that an 
Act be passed that the Treasurer take only six pence in the 
pound, and no more, for receiving and paying out of all 
such public money payable to such Treasurer. 
• The Council do consider that for the receipt of the five 
hundred pounds tax, laid this session, and for what shall be 
received upon the Act of Impost and Tonnage for this 
year, the Treasurer take no more than nine pence in the 
pound. 

This consideration of the Council was sent down to the 
House of Representatives, who past the same. 

Doctor Richard Mills, a poor, sick, and deerepid person, 
made application to this Board that about two years ago, when 
he left this country, he left in the hands of one Elizabeth 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 237 

Redford, widow, to the value of 100"'% and cannot obtain 
the same again ; she denying the matter, and therefore 
craves to sue as Informa Pauperis in any her Majesty's 
Courts of Records in y' Province for that sum, or what else 
he shall see meet. 

Ordered, that he have liberty to sue accordingly in any 
of her Majesty's Courts of Records in this Province, and 
that the Judges in the court where he intends to sue assign 
him his Attorney, and that no fees be taken by any person 
or officer for the same ; but that his cause may proceed to 
a final end as an Informa Pauperis. 

[p. 107.] The bill for Impost and Tonnage having been 
read three times and past both Houses, were consented to 
by his Excellency to be enacted. 

Adj'' the Assembly till Tuesday, the 18"^ of Aug*, 

And the Council till 3 o'clock to morrow, in the after- 
noon. 



[p. 107.] Province of New Hampshire. 

At a Council and Gen'^ Assembly, held 
at Portsm" by adj* on Tuesday, the 18*^ 
day of August, 1702. 
Present, 
The Hon^i* W"' Partridge, Esq., Lieut Govern'', 
George Jeffrey, Esq., Sam^ Penhallow, Esq., 

Henry Dow, Esq. 
His Hon'^ the Lieut. Govern'' was pleased to suspend 
George Jeffrey, Esq., from sitting, voting, or assisting in 
this Council. 

Mr. Jeffrey desired of his Hon"" to know the reason. His 
Honor answered he would give the Queen an ace" of the 
reasons for his so doing. 

Mr. Charles Story, Secretary, was sent by the Lieut. 
Govern'^ to call the House of Representatives up to this 
Board, who accordingly came, and there not being a full 



238 PROVINCE OF NEW-HAMPSHIRE. ' [1702. 

Council, His Honor the Lieut. Govern'^ was pleased to ad- 
journ the Assembly till Tuesday, the eighth day of Sep- 
tember, 1702. 



[p. 108.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm" by adj' on Tuesday, the 8*'' 
of Sep'"", 1702, Post merediem. 
Present, 
The Hon^''° W™ Partridge, Esq., L* Govern'', 
John Hinkes j ^ John Plaisted, j 

Sam' Penhallow, ) '■ Henry How, ) ^ 

There not l)cing a full Council, the Hon'''° Lieut. Govern'^' 
was pleased to adjourn the Council till tomorrow morning, 
eight of the clock, and that the Secretary acquaint the 
Assembly of the same. 



[p. 109.] Province of New Hampshire. 

At a Council and Gener'' Assembly held at 
Portsm° by adj' on AVednesday, the 9"* of 
September, 1702. 
Present, 
The Hon"'= W" Partridge, Esq., Lieut. Govern'", 
John Hinkes, ) -p^ Sam' Penhallow, 



Eobert Ellott, j ^^^^^' John Plaisted, ' \ ^^^^^ 

Henry Dow, Esq. 

Vote relating to 200"^^ to be taken out of 250"^^ for the 
Agent, &c., mentioned in an Act for a tax or assessment 
of 50 0"^% was read at this Board, allowed and approved of. 
Vote upon file. 

Whereas, there is a "War declared by the Queen of Eng- 
land, <fcc., against France and Spain, wherefore Orders 
have been sent throughout this Province for watching and 
warding, but no Instructions having yet been sent how the 



1702.] JOURNAL OF COUNCIL AND ASSEMBLY. 230 

watchers shall proceed in case of any persons walkhig at 
unseasonable hours in the night, and are bid to stand three 
several times and refuse to do the same : 

Ordered, that from and after the 17"" day of this instant 
month of Sep'"", it shall be in the power of all private sen- 
tinels of all watches and in all garrisons within this Prov- 
ince, after such watches shall be sett, to command all 
persons whatsoever that shall pass along or approach near 
said watches or garrisons to stand, three several times ; 
and if such person or persons who shall pass along or ap- 
proach near such watches or garrisons, and shall refuse to 
stand, being commanded three several times so to do, as 
aforesaid, that then the said private sentinels and watches 
may and are hereby impowered to fire upon such person or 
persons so refusing to stand, as [p. 110.] above mentioned. 
But all private sentinels and watches are to take notice 
that they be very careful in observing to call three several 
times to such persons passing along before they fire upon 
them. 

The petition of James Phillipps, a soldier at her Majes- 
ty's fort, \Y"' and Mary, relating to money due to him, for 
his salary or wages as a soldier, was read at this Board • 
and referred till next Council day. 

Henry Dow, Esq., was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came, and His Hon"" the Lieut. Govern'' was pleased to 
dissolve the Assembly in these words : 

By the advice of her Majesty's Council, I do dissolve 
this Assembly, and accordingly you are dissolved. 

So far sent to England, the 24^^ Tber, 1702. 



240 PROYINCE OP NEW-HAMPSHIRE. [1703. 

[p. 111.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at 
Portsm" on Tuesday, the 12'^ of January, 
1702. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'", <fec., 
TV™ Partridge, Esq., Lieut. Govern'', 
Peter Coffin, ) -^ Sam' Penhallow, ) -r, 

Robert Elliott, ] ^^^^' Henry Dow, \ ^^^^• 

Assembly men's names. 
[Not recorded.] 
Richard Jose, Esq., high Sheriffe of said Province was 
sent as a messenger to the House of Representatives to 
inquire if they were a full House, and if so then to order 
them to choose their Speaker and return his name to this 
Board. 

Mr. John Dennitt brought to this Board a vote of the 
choice of Daniell Tilton for Speaker of the House of Rep- 
resentatives. 

Ordered, that Peter Coffin, Samuel Penhallow and 
Henry Dow, Esqs., or any two of them, be a committee to 
join with the committee of the House of Representatives 
to take into consideration the building of a fort at New 
Castle, according to the purport of a Letter from the 
Hon'''® the Lords Com'^ of Trade and Plantations, and [p. 
112.] his Excellency's speech thereupon, and to make re- 
port, and that this committee sit to-morrow morning by 
nine of the clock. 

A Petition of Joseph Palmer, a prisoner, upon execu- 
tion at the suit of one Redman, praying a review in that 
case before the Govern'" and Council, for which the Govern"" 
declared his opinion that it was the Subject's Right, and 
he was ready to hear it, but it went upon vote and passed 
in the negative. 

Adj'^ till 11 o'clock, to-morrow morning. 
No meeting of both Houses. 



.703.] JOURNAL OF COUNCIL AND ASSEMBLY. 241 

[p. 112.] Province of New Hampshire. 

At a Council and Gen" Assembly, held 
at Portsm" by adj*, on Thursday, the 
14'^^ January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', <fec., 
The Hon'"^' W" Partridge, Esq., L* Govern"-, etc., 
Peter Coffin, ) y 

Samuel Penliallow, ] ^ ' Henry Dow, Esq. 
Mr. Speaker of the House of Representatives delivered 
to this Board a vote of the House in these words, foil. : 

This House humbly pray that they have the perusal of 
the Treasurer's account ; by order of the Assembly. 

Saml. Thing, Clerk. 

[p. 113.] Mr. Treasurer being ordered thereupon pre- 
sented his account to this Board, which was read in Council* 
and sent by the Secretary to the House of Representatives. 

Adj'^ till to-morrow morning 10 of the clock. 

■^ Copj' of the Treasur's il d. to the Govr., Council a«d Assembly, the 14th January, 
1702-3, being an estimate of the Province Debts. 

[Copied from the original on File.] 
Province of New Hamx'shire. Dr. 

£ s. d- 

1701. To money paid the Lieut. Govr., pr order,. .... ir):1.5:06 

To money paid JNIr. Secretary, pr order, 60 : 00 : 00 

To money paid John Hinkes, Esq., for himselfe and soldiers pr order, 137 : 17 : 05 

To money allowed the Treasur., being for soe much advancd., . . 10-1 : 12 : 00 

To money paid Sir Henry Ashurst, Agent of this Province, pr order, 100:00:06 

To money paid the Lieut. Govr., bemg part of the disbursement, pr 

order, 100:00:00 

1702. To money advanced for the Agency in Engld., . . . . 300 : 00 : 00 
To sundry small payments pr order, as ai)pears in a list hereunto 

annexed, 109:10.01 

To money pr order of Council for supply of our Agent, .... 200 : 00 : 00 

To money to Mr. Secretary pr order of Council, 06 : 00 : 00 

To the passage sea store for the agent 27 : 09 : 00 

To cash e.\pended at the arrival of his Excellency the Honble. Joseph 

Dudley, Esq., with the Council and Assembly, . . . 770:08:00 
To money paid his Excellency Joseph Dudley, Esq., pr order of 

Assembly, 250:00:00 

To money paid the Lieut. Govr., being soe much paid Capt. Horne, pr 

order, 20 : 00 : OO 

16 



242 PROVINCE OF NEW-HAMPSHIRE. [1703 

Province of New Hampshire. 

At a Council and Gen" Assembly lield at Portsm" 
by adj' on Friday, the 15^'' of January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
W™ Partridge, Esq., Lieut. Govern'', 
Robert Elliot, ) ^^ . Sam' Penhallow, 



Peter Coffin, j ^'^^^'S- Henry Dow, ' psqrs. 

Mr. Secretary Story was sent to the House of Represen- 
tatives with a message referring to the fortification on 
Great Island, and copy of the Governor's speech thereupon. 

Mr. David Lerrence,! one of the House of Representa- 
tives, brought up a vote in answer to the vote above men- 
tioned, as on file. 

His Excellency the Governor was pleased to send the 
High Sheriffe on a message to the House of Representatives, 

To John Hinkes, Esq., for himselfe and souldiers at tlie Fort, pr order, 78 : 00 : 00 

To JNIrs. Atkiu for rent of lier house 05 : 00 : 00 

1,652 : 03 : 06 
To Commission of £1,568:10:103. : 00, at 5d percent 78:08:06 

1,730:12:00 



Pr. Contra. Cr. 

lb. s. d. 

1701. June SOth Bj' a tas of 300:00:00 

Deer. 31st, By a ditto of 550:00:00 

1702. Augt. 15tb, By a ditto of 500:00:00 

By Excise, about 70:00:00 

By Exportation of lumber and ) 

Importation of sundry goods 5 140:00:00 

according to a late Law, Augt. last, abt ) 

By a seizure on Rumm & wine, 8 : 10 : 00 

1,568 : 10 : 00 

Duetoball 162:02:00 

Errs. Excepted, pr, Sajill. Pexhallow, 

January 14th, 1702-3. Treasurer. 

January 14th. Read in Council & ordered to be sent down to the Representatives. 

Cha. Story, Secretary. 
January 14th. Vera Copia compared with the original, 

pr. Cha. Story, Secretary. 

t Lawrence. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 243 

commanding them to attend this Board for conference with 
them, rckxting to the fortification at Great Island. 
Adj'^ till 9 o'clock to-morrow morning. 



[p. 114.] Province of New Hampshire. 

At a Council and Gen" Assembly held at Portsm", 
Ijy adj*, on Saturday, the 16"' January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'^, &c., 
W™ Partridge, Esq., Lieut. Govern'', 
Robert Ellott, ) -r, Sam' Penhallow, ) it, 

Peter Coffin, j ^^^^"«- Henry Dow, ' \ ^'^''' 

Mr. James Leach, one of the House of Representatives, 
brought up a vote relating to the fortification at Great 
Island, as upon file, which his Excellency and Council 
agreed to. 

Ordered, that Mr. Treasurer do, with all possible expediy 
tion, let to farm the Duty of excise of this Province for the 
year ensuing, &c. 

A vote about reviewing the Act of Impost, &c., was 
brought up from the House of Representatives, — as on file. 
Council adj*^ till next Tuesday, 11 o'clock, forenoon. 



[p. 115.] Province of New Hampshire. 

At a Council and Gen" Assembly, held at Portsm° 
by adj' on Tuesday, the 19'" January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'", &c., 

W" Partridge, Esq., Lieut. Govern% 
Robert Elliot, ) ^ Henry Dow, Esq. 

Sam' Penhallow, J ^^""'i''^' 

Vote was sent from the House of Representatives, that 
a committee be chosen in each Town to take the estate 
of each Town, for the proportioning of Rates, &c., — as 
upon file. 



244 PROVINCE OF NEW-HAMPSHIRE. [1703. 

The several Bills following, having been read three times 
and past both Houses, were consented to by his Excellency 
to be enacted, <fcc. 

A Bill for a Tax or assessment of 500 lbs. 

A Bill for continuing several Rates and Duties of custom, 
excise, Impost and Powder money or Tonnage of shipping. 

Adj*^ till to-morrow 10 o'clock. 

The petition of John Campljell, for an encouragement of 
maintaining the post-office betwixt Boston and this place, 
was read at this Board ; and it was ordered that a com- 
mittee of both Houses be appointed to consider of the 
same ; and there was appointed two out of this House, viz., 
John Plaisted and Henry r)ow,Esqrs., and then His Excel- 
lency sent Mr. Secretary Story to the House of Represen- 
tatives with the said petition. 



[p. 116.] Province of New Hampshire. 

At a Council and Gen^^ Assembly, held 
at Portsm", by adj', on Wednesday, 
the 20"> of January, 1702. 
Present, 
His Excellency Joseph Dudley, Esq., Govern^ 
The Hon'^"^ W'" Partridge, Esq., Lieut. Govcrn% 
Peter Coffin, ) -^ Sam' Penhallow, ) r. 

Robert Elliot, j ^''^''- Henry Dow, \ ^''^''' 
A further motion upon hearing the petition of Joseph 
Palmer, for a rehearing of a cause tried before the Hon""" 
the Lieut. Govern'' and Council in May last, between said 
petitioner and John Redman : It appearing to this Board 
that that trial was had since his Excellency the Govern'^ 
was sworn before her Majesty in Council, and the Execu- 
tion for the charges thereupon served since the Governor's 
Arrival in this Province ; a rehearing is granted to the 
said Palmer thereupon, he first discharging or securing to 



170^).] JOURNAL OF COUNCIL AND ASSEMBLY. 245 

said Redman, satisfaction for tlic charges he now lies in 
Prison for. 

Upon Mr. Elliot's setting forth npon his application to 
this Board, that there was fifty shillings due in exporting 
of Boards out of this River in the ship Fellowship, Joshua 
Frj^er M*^", which was Bona fide put on board before the Act 
of Impost or Dut}' was made : 

Ordered, that the Treasurer take notice that the said 
duty of fifty shillings is discharged, and that he do not de- 
mand the same ; first having an order from the Secretary, 
accordingly. 

[p. 117.] The petition of John Partridge was read, relat- 
ing to money he laid out for subsistance and support of 
wounded soldiers, and sent to the House of Representatives. 

A vote was brought down from the House of Represen- 
tatives relating to John Partridge's petition, that the said 
petition and their vote may be laid before the next General 
Assembly of the Massachusetts, &c. 

Consented to by the Council. 

His Excellency with the advice of the Council, prorogued 
the Assembly till Thursday, the 11"' day of March next. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
by adjournment at Portsm", by proro- 
gation, on Tuesday, the 18"' April, 
1703. 

Present, 
The Hon'^i^ W"' Partridge, Esq., Lieut. Govern-", 
Peter Coffin, ) ^ 

John Plaisted, \ ^ ' Henry Dow, Esq. 

Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Honor was pleased to dissolve them la 
these words : 



246 PROVINCE OF NEW-HAMPSHIRE. [1703. 

Gentlemen, I dissolve this Assembly and accordingly you 
are dissolved. 

2"^ July, 1703. So far sent by the post to his Excellency, 
in order for England. 



[p. 118.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsni" on Wednesday, the 23'^ 
June, 1703. 
Present, 
The Hon'"^ W" Partridge, Esq., L* Govern'', 
Henry Dow, Esq. 
Henry Dow, Esq., and Mr. Secretary Story, by virtue of 
a dedimus Potestatem to them directed, gave the oaths ap- 
pointed by law to nine of the members of the Assembly, viz : 

John Pickerin, Sam Leavitt, 

W°^ Furber, Garshon Elkins, 

Thomas Roby, W-^^ Wallas, 

W"^ Cotton, Sam^ Thing, and 

Sam" Shaw. 
His Honor the Lieut. Govern'' w^as pleased to send Mr. 
Secretary to call up the House of Representatives to this 
Board ; who accordingly came, and his said Honor ad- 
journed them till monday next, twelve of the clock, by 
reason there was not a full Council. 



[p. 119.] Province of New Hampsliire. 

At a Council and Gen" Assembly held 
at Portsm'\ 27"' June, 1703. 
Present, 
The Hon"i" W'" Partridge, Esq., Lieut. Govern'', 
Robert Elliot, Esq., Henry Dow, Esq. 

Henry Dow, Esq., and Mr. Secretary Story, ].)y virtue of 
a Dedimus Potestatem to them directed, gave the oaths 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 247 

appointed by law to three of the members of the House of 
Representatives, viz., Theodore Attkinsou, Esq., Mr. Na- 
thaniel Hill, and Capt. John Woodman. 

There not being a full Council, the Honourable the 
Lieut. Governor was pleased to send Mr. Secretary to the 
House of Representatives, to acquaint them that he ad- 
journed that House till Wednesday next, ten of the clock 
in the forenoon. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsmouth, by adj', on Wednesday, 
the 30'^ of June, ante merediem. 
Present, 
The Hon"^'' W'" Partridge, Esq., Lieut. Governor, 
Peter Coffin, ) ^.^ 

Robert Elliott, \ ^^^i^'^' Jolni Plaisted, Esq. 

There not being a full Council, the Honorable the Lieut. 
Governor was pleased to send Mr. Secretary Story to the 
House of Representatives, to acquaint them that he adj'^ 
that House till tomorrow morning, ten of the clock. 



[p. 120.] Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsm", by adj', first day of July, 
1703. 

Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
The Honorable W'" Partridge, Esq., Lieut. Goveru'^, 
John Plaisted, ) -j^ Rol)t. Elliot, ) -p, 

Henry Dow, \ ^''^''- Peter Coffin, \ ^''^''' 

Mr. Secretary Story was sent as a message to the House 
of Representatives to desire them to choose their Speaker, 
and after they had so done, the whole House to come up to 
his B ) ard and present their Speaker. 



248 PROVINCE OF NEW-HAMPSHIRE. [1703- 

The whole House accordingly came up and nominated 
Captain John Pickerin as their Speaker, who was allowed of. 
Adj'^ till tomorrow morning, 9 oclock. 



[p. 121.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj*, on Friday, 
the second day of July, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c.. 
The Honorable W™ Partridge, Esq., Lieut. Governor, 
John Hinkes, ) 

Robert Elliot, > Esqrs. John Plaisted, I Esqrs. 

Peter Coffin, ) Henry Dow, j 

The petition of John Campbell for an encouragement of 
maintaining the post office betwixt Boston and this place, 
was read at this Board ; and it was ordered that a commit- 
tee of both Houses be appointed to consider of the same ; and 
there was appointed two out of the House, viz., John Plais- 
ted and Henry Dow, Esqrs., and then his Excellency sent 
Mr. Secretary Story to the House of Representatives with 
the said petition. 

Mr. Nathaniel Hill, one of the Members of the House of 
Representatives, brought up the said petition to this Board, 

with a vote that they had appointed Roby and Mr. 

Wm. Cotton as a committee of that House to join with the 
Committee nominated by this Board, to consider of the 
said })etition. 

Mr. George Yaughan, one of the members of the House 
of Rci)resentatives, took the oaths appointed by law, in- 
stead of the oaths of Allegiance and supremacy. 

The petition of Francis Jennings was read at this Board, 
and the same was referred to the consideration of the 
Justices of her Majesty's superior court, as upon file. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 249 

[p. 122.] Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsm° on Saturday, the 3'^ day of 
July, 170:]. 

Present, 
His Excellency, Joseph Dudley, Esq., Governor, &c., 
The Honorable W'" Partridge, Esq., Lieut. Governor, 
John Hinks, ^ John Plaisted, ^ 

Peter Coffin, [ Esqs. Sam' Penhallow, > Esqs. 
Robert Elliott, ) Henry Dow, ) 

A vote was brought up by one of the meml^ers of the 
House of Representatives in the foil, words, as upon file : 

In answer' to his Excellency Joseph Dudley, Governor 
and Commander in Chief in and over her Majesty's Prov- 
ince of New Hampshire, his speech to the Assembly, set- 
ting forth the state and condition the Province, in order to 
raising money for defraying the charges and supporting of 
the government, — In answer thereto the assembly humbly 
offers the continuance of the former tax this last year set 
on all lumber, goods, wines, Rumm, &c., for one year next 
coming from the end of the last Act ; and pray that a 
Committee of both Houses be appointed to draw up said 
Act, and that some addition be made and added on Rumm 
and other things not mentioned in said last Act, and that 
all Masters be upon oath to how many thousand they trans- 
port every time they go out of the River, and that the 
receiver be upon oath to the truth and entry of every such 
master and vessel, of their quantity of all such lumber Ex- 
ported, and all goods Imported. 

Read at the Council Board, and consented thereto, and 
voted Samuel Penhallow and John Plaisted, Esqs., as a 
committee to join with some of the members of the House 
of Representatives, to draw a Bill according to said vote, 
and then sent the vote down to said House, who immedi- 
ately sent [p. 123.] the same up again, with a vote that 



250 PROVINCE OF NEW HAMPSHIRE. [1703. 

they had made choice of George Vaughan, Esq., and Mr. 
Samuel Thing, to join with the Committee of this Board in 
drawing up a Bill according to the said vote. 

Cha : Story, Secretary. 

The following V)ill having been read a third time, and 
passed both Houses to be enacted, was consented to by his 
Excellency, and by him signed accordingly : 

A Bill for continuing of several Rates and duties of 
Impost, Tonnage, &c. 

Upon a vote and message of the Representatives, It was 
agreed in Council that there be two hundred pounds paid 
out of the Revenue of Impost to the Governor's orders, 
severally in full, for the charges and expences of the two 
treaties with the Indians in July, 1702, and June, 1703, 
and provision for the Gentlemen of the Council, and Gen- 
tlemen, soldiers, servants and Horses employed therein, 
the whole Assembly being desirous to show their duty to 
support the Governor. 

Adj'^ till Thursday, the 2^ Sept., 1703. 

27*'' August, 1703. So far gone to England. 



[p. 121.] Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by adj*^ on Thursday, the 
2*^ September, 1703. 
Present, 
The Honorable W'" Partridge, Esq., Lieut. Govern"', 

John Hinkes, j ^ g^^^^^^^^ Penhallow, Esq. 

Henry Dow, ) ^ 
Mr. Secretary Story was sent as a message to the House 
of Representatives by the Honorai)le the Lieut. Governor, 
to acquaint them that for want of a full Council he ad- 
journed that House till tomorrow morning, nine of the 
clock. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 251 

Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by adj*on Friday, the third 
day of September, 1703. 
Present, 
The Honorable W™ Partridge, Esq., L* Governor, 
John Hinkes, ) ^ Peter Cofiin, ) ^ 

Robert Elliot, \ ^^^^- Sam^ Penhallow, \ ^^^l^' 
Henry Dow, Esq. 
A letter from her majesty Queen Anne, dated at Saint 
James, the twentieth of April, 1703, relating to the settle- 
ment of a salary for the Governor and Lieut. Governor of 
this Province, was read at this Board, the House of Repre- 
sentatives being present, and is as followeth, viz : 

ANNE R. 

[p. 125.] Trusty and v;ell beloved, we greet you well: 
Whereas several inconveniences have arisen to our Govern- 
ment in the Plantations, by Gifts, presents, and temporary salaries 
made or assigned to our Governors by the General Assemblies : in 
order to the preventing wiiereof it is necessary that constant and 
fixt salaries be appointed and settled for the support of the 
respective Governors of our said Plantations; And whereas there 
has been hitherto no provisions made for the support of our Gov- 
ernor and Lieut. Governor of our Province of New Hampshire, 
we do hereby signify to you our Eoyal will and pleasure, that at 
the first meeting of the Assembly after the receipt hereof, you do 
acquaint them with our expectation that in regard of our receiv- 
ing our good subjects of that Province under our immediate pro- 
tection and Government, they do fortliwith settle a constant and 
fixt allowance on you our Governor, and our Governor and Lieu- 
tenant Governor of our said Province for the time being, and 
that the same be done without limitation of time : 

And upon the settlement of such a constant and fixt allowance 
for the support of you, our Governor, and of the Governor and 
Lieut. Governor for the time being, We are hereby pleased to 
direct that neither you, our Governor, nor any Governor, Lieu- 
tenant Governor, Commander in Chief, or President of the Coun- 
cil of our said Province for the time being, do give your or their 
consent to the passing any Law or Act for any Gift or present to 



252 PROVINCE OP NEW-HAMPSHIRE. [1703. 

be made to you or tlieni by the Asseinbly, And that neitlior yoix 
nor they do receive any gift or present from the Assembly, or 
other, on any account, or in any manner whatsoever, upon pain 
of our highest displeasure, and of being- recalled from that our 
Governments. 

[p. 12fi.] xVnd we do further direct and require that this Decla- 
ration of our Ivoyal Will and pleasure be communicated to the 
Assembly at their tirst meeting after your receipt hereof, and 
entered in the Registers of our Council and Assembly, that all 
persons whom it may concern may govern themselves accordingly. 
So we bid you farewell. Given at our Court at Saint James, the 
20"^ day of April, 1703, in the second year of our Reign, 
By her Majesty's Command. 

NOTTINGHAM. 

A letter from the Lords Commissioners of Council of 
Trade and Plantations, dated Whitehall, April the 20*^^, 
1703, relating to the undue proceedings of the Courts of 
Justice in the Plantations, was read at this Board, and 
upon file. 

A vote was sent down to the House of Representatives, 
nominating Robert Elliot and Henry Dow, Esqs., to join 
with two of the House of Representatives to examine into 
the Treasurer's account, and make report to this Board at 
the next sitting of the Assembly, Committee to sit next 
Wednesday. 

The Honorable the L* Governor, having moved to this 
Board to know whether the sixty men under command of 
Captain James Davis, Ijeing out on scouting at the head of 
our Rivers, should continue or be disbanded. 

Ordered, that the said Ca])t. Davis disband said soldiers, 
and tluit the Honoral)le the Lieut. Governor issue forth his 
order to said Davis accordingly. 



1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 253 

[p. 12T.] Province of New Humpshire. 

At a Council and General Assembly, held 
at Portsmouth on Saturday, the fourth day 
of September, 1703. 
Present, 

The Honora1)le W™ Partridge, Esq., Lieut. Goven/, 

Peter Coffin, ) ^^ Sam^ Penhallow, \ y 

Robert Elliot, \ ^^^^- Jolm Plaisted, ] '^^'^^' 

Henry Dow, Esq. 

Mr. Story was sent as a message to the House of Repre- 
sentatives with a vote relating to the impressing of eighteen 
men, to make up the number twenty men at her majesty's 
fort, as also for the impressing of sixty men to secure the 
frontiers, &c. 

Patience Atkins' debenture being read at this Board, 
amounting to two pounds, for half a year's Rent, from May 
16"S 1702, to the 17*'^ November, 1702, for the Assembly 
and Council's sitting, allowed and approved of, and ordered 
to be paid out of the next Province Rate. 

Mr. George Vaughan, one of the House of Representa- 
tives, brought up a vote as foil., viz : 

Voted, that the Lieut. Governor be and is desired to 
order such a number of men as he thinks convenient, to 
scout at the head of the frontier Towns, or other service, 
for fourteen days' time, in such manner as he thinks most 
convenient for safety, either by parcells or in a body, and 
that each man find himself provisions, Arms and ammuni- 
tion from their first going forth till their return. 

Passed by the House of Representatives. 

Theodore Atkinson, Clerk. 

Read at this Board and consented to by the Council. 

Cha. Story, Secretary. 

[p. 128.] The House of Representatives sent up the fol- 
lowing words, in writing : 

May it please your Honors, whereas her majesty's Letter 
of the 20''' of April, 1703, was presented, wdiich we have 



254 PROVINCE OF NEW-HAMPSHIRE. [1703. 

been considering of and still lies under consideration, are 
not at present able to give our answer, but shall- with all 
possible speed. 

By order of the House, 

Theodore Attkinson, Clerk. 

Mr. Secretary Story was sent as a message to the 
House of Representatives to call them up to this Board, 
who accordingly came, and his Honor the Lieut, Governor 
prorogued the said Assembly till Tuesday, the 21"* instant, 
at ten of the clock, forenoon. 



Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm% on Friday, the 24"» 
September, 1703, by Proclamation. 
Present, 
The Honorable W" Partridge, Esq., Lieut. Govern^ 
Samuel PenhalP, Esq., Henry Dow, Esq. 
There not being a full Council, his Honor, the Lieut. 
Governor, sent Mr. Secretary Story as a message to the 
House of Representatives, to acquaint them that he ad- 
journed that House till Tuesday, the 28"^ of September, in- 
stant, at ten of the clock, ante merediem. 
Adj. accordingly. 

[p. 129.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, by adj', on Tues- 
day, the 28'h of September, 1703. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ) ^ Peter Coffin, ) p 

Robert Elliott, \ ^^^^' Sam' Penhallow, \ '^^'^^^ 

His Excellency sent a message for the House of Repre- 
sentatives to come up to this Board, who accordingly came, 



1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 255 

and his Excellency was pleased to acquaint tlicni of the 
Just and necessary war, and that care should be taken the 
people may not be oppressed in their service against the 
enemy. 

That Colonel Romer was at the fort ready to repaire the 
same, having men sufficient sent thither to attend his or- 
ders, and that the species raised towards the payment 
should be immediately converted into money to the best 
advantage. 

That the Treasurer's accounts be speedily adjusted in 
order to be sent to England to the Lords Commissioners 
of Trade and plantations, tfec. 

That they would consider of her majesty's most gracious 
Letter, referring to salaries for the Governor and Lieuten- 
ant Governor. 

That her Majesty had been graciously pleased to send 
this Province fifty barrels of powder, stores, guns, &c. 

Adj'' till three o'clock, post merediem. Met and adj'^ till 
to-morrow morning, ten of the clock, ante merediem. 



[p. 130.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm*", by adj', on Wednes- 
day, the 29'^ September, 1703. 
Present. 
His Excellency, Joseph Dudley, Esq., Governor, (fee, 
The Hon''^'^ W™ Partridge, Esq., Lt. Govern--, 

Robert Elliott, ) -^ Sam' Penliallow, Esq. 

Nath' Weare, \ ^^^«- 

The Governor was pleased to inform this Board that by 
Letters lately received from the Right Honorable, the 
Lords Commissioners of Trade and Plantations, he had 
received their commands that no infringement be made 
upon tlie former orders referring to the dimension of tim- 
ber, sawed for the service of the Crown, but that the Sur- 



256 PROVINCE OF NEVr-HAMPSHIRE. [1703. 

veyors severally do strictly pursue their instructions in that 
matter, and that the Secretary give notice hereof accord- 
ingly. 

The Council being sensible that the 500"'" raised for the 
fortifying the fort at New Castle, being paid into the Treas- 
ury in corn and grain of all sorts, at High Prices, if kept 
for sale, will prove great Loss to the Province, 

Ordered, that the Treasurer have the same at his own 
disposal, and to his proper use, he paying the full value of 
four hundred and fifty pounds, according to the orders of 
Colonel Romer, or this Board, in such species, provisions, 
materials and payments for the fortifying of her majesty's 
said fort at New Castle, at money price, or pay for the 
same where they shall be bought. 

Adj'' till Friday morning, 10 o'clock. 



[p. 131.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsm'^, by adj*, on Friday, 
the first day of October, ITOo. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, ) Peter Coffin, J 

Robert Elliott, > Esqrs, Sam' Penhallow, > Esqrs. 
Nath' Weare, ) Henry Dow, ) 

Ordered, that Samuel Penhallow, Esq., Treasurer, have 
warrants signed for the payment of four pounds, one shil- 
ling and five pence, and four pounds six shillings, for enter- 
taining the Judge Advocate and the king's Messenger, and 
that the Secretary issue forth said warrants accordingly. 
Adj'' till 3 o'clock, post merediem. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 257 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsni", by adj*, on Friday, 
the 1^' October, 1703, post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <tc., 
John Hinkes, \ Natli' Weare, ) 

Peter Coffin, > Esqrs. Henry Dow, > Esqrs. 

Robert Elliott, ) Sara' Penhallow, ) 

A vote was sent down to the Representatives for the 
encouragement of the Postmaster General, in Boston. 

[p. 132.] Ordered, that all payments out of the Treas- 
ury from time to time, be made orderly according to the 
Dates of the warrant severally; except in special cases 
where the warrant shall direct the immediate payment. 

The Treasurer having this day past all his accounts for 
four years last past, being the whole time of his Treasure- 
ship, it being observed that the orders of Council for pay- 
ment of forty-one poimds, ten shillings and two pence, unto 
several soldiers, and the payment of one hundred and 
twenty-eight pounds, nineteen shillings and six pence, for 
building the prison, and the payment of fifty-three pounds, 
one shilling, for paying and receiving, with other trouble 
and charge, are wanting. 

Ordered, that the Treasurer have warrants granted hy 
the Secretary for his vouchers. 

Ordered, that for the future all wages that shall ace re w 
due to the Captain and soldiers at the fort W" and Mary, 
be paid to the Captain for the time being ; and he to give 
a receipt for the same to the Treasurer, and the said Cap- 
tain to pay the soldiers. 

Upon an adjustment of the account of the fort W™ and 

Mary, between Mr. Treasurer and the Captain of the said 

fort, there appear to be due to the Captain of the said fort, 

for himself and soldiers there, to the seventeenth day of 

17 



258 PROVINCE OF NEW-HAMPSHIRE. [1703. 

May last past, including all former orders, tliirtj pounds, 
seven shillings and four pence. 

Ordered, that the Treasurer pay the same forthwith to 
Captain John Hinkes. 

Adj'' till ten o'clock, tomorrow morning. 



[p. 133.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj', on Sat- 
urday, the 2'' October, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, etc., 
John Hinkes, J Nath^ Weare, J 

Robert Elliott, [ Esqrs. Henry Dow, > Esqrs. 

Peter Coffin, ) Sam' Penhallow, ) 

Ordered, that Richard Waldron, Esq., and Mr. George 
Jeffrey, inspect the Treasurer's accounts and make report 
to this Board of the balance of said account, to the last 
day of July, 1703. 

Capt. Tuttle's debenter having been read at this Board, 
as upon file, allowed him two pounds, eighteen shillings 
for scouting, and ten shillings for himself, the whole 
amounting to three pounds, eight shillings, and ordered to 
be paid out of the next Province Rate. 

Ordered, that the Treasurer fmd Provisions according to 
law for the three French prisoners, and also l)lankets for 
them to lie upon. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 259 

[p. 13-i.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsm°, on Wednesday, the 
6*»> October, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fec., 
John Hinkes, ) ^ Robert Elliott, ) -ri 

Peter Coffin, \ ^^^''^- Sam^ Penhallow, j ^^^^^• 
Henry Dow, Esq. 
The petition of William Bevis, Commander of the ship 
Peace, relating to abatement of powder money, was read at 
this Board, and ordered that he have his clearing to the 
fort, paying 26""* of powder. 

Thomas Packer's debenter, amounting to ten pounds, ten 
shillings, was read, and allowed nine pounds six shillings 
in full thereof, to be paid in course by the Province, for 
entertaining Major General Povey.* 

Mr. Robert Elliott's debenter amounts to twelve pounds, 
seven shillings, six pence, was allowed and ordered to be 
paid in course accordingly. 

The Treasurer's several accounts for the four years last 
past, ending the last day of July, 1703, having been sever- 
ally perused by the Council and Representatives, is allowed 
in Council, and balance of thirty pounds, twelve shillings, 
six pence due to him from the Province thereupon, and 
to have vouches accordingly for the several articles to pass 
his accounts with the Auditor. 

The following vote was sent up by the House of Repre- 
sentatives, viz : 

*" Majr. QeiiU. Povey's Bill for Diet and Lodging, Augt. ye 13th, 1703, Due to Thomas 
Packer." 

13 Aug., 1T03, Maj. Genii. Povy, Dr. 

£ s. d. 
To 1 pt. wine, egs & bacon, 00 : 01 : 06 

14, to breakflvst, 4(1., 1 pt. wine, lOii., 5 meales 00:10:00 

ToMadara, 2s., Grean* wine, 2s. 6d., 90: 04: 06 

*Th.e above, "Grean," evidently denotes a particular kind or quality of wine, but 
what kind ia unknown to the £d. 



260 



PROVINCE OF NEW-HAMPSHIRE. 



[1703. 



Province of New Hampshire. 

The Representatives in General Assembly convened, 
having had consideration of his Majesty's gracious letter of 
the [p. loo.] 20"' April, 1703, communicated to them by 
his Excellency the Governor, wherein the Assembly of this 
Province is commanded to take care forthwith to settle a 
stated salary for the Governor, &c.. 

Voted and unanimously agreed, that there be paid to his 
Excellency Joseph Dudley, Esq., our present Governor, a 
salary, yearly, during the time of his government over this 
Province, and not otherwise, — the year to begin from the 
first day of November next ensuing, and to be paid one 
hundred and sixty pounds (as aforesaid) out of the impost 
or other public taxes raised in this Province, and that the 
Treasurer or Receiver shall have but six pence in the 
pound for receiving and paying the same. 

By order of the House of Representatives. 

Theodore Attkinson, Clerk. 

6"' October, 1703 : read at this Board; the Council unan- 
imously consents to this vote relating to the Governor's 



15, to breakfast 4d., to 5 meales, 10s., 2 qts Groan wine, 3s. 4d., 
to 1 qt. Grean, 1 qt. madara, 

16, to breakfast, >^iit. wine, 5J., to 6 meales, 12s., 

to madara and Grean wine, 

17, to breakfa.st, 4d., to 5 meales, 

to 2 qts of Grean wine, 

18, to breakft., 4d., to 3 meales, 10s., Grean wine, 2 qts., 3s. 4d., 

19, to break., 4 meales, 8s., 3 qts. Grean wine, 5s., 

21, to meales, 4s., 1 qt. wine. Is. 8d., 

22, to breakft., 3 meales, 6s., 1 qt. wine, 13s. 8d., 

23, to 3 meales, 6s., 3 pt. wine, 2s. 6d., 

24, to break., 3 meales, 6s., 3 pt. wine, 2s. 6il 

25, to break., 4 meales, 8s., 2 qts G. wine, 1 pt. mada., 

27, to breakf., 4 meales, 8s., 1 botll wine, . . . . 

To your man's diet, 

To your eliambr, Gs., yr man's lodging, 2s, .... 

To keeping yr hors 36 dales & nights, 

To keeping your man's hors 14 dales & nights. 



Allowed nine pounds and six shillings in full of this Acctt. to bee 
the Province. 



00: 13: 08 
00: 02: 10 
00: 12: 09 
00: 03: 08 
00: 10: 04 
00: 03: 04 
00: 09: OS 
00: 13: 04 
00: 05: 08 
00: 08: 00 
00: 09: 01 
00: 09: 01 
00: 12: 08 
00: 10: 00 
00: 12: 00 
00: 08: 00 
01: 16: 00 
00: 14: 00 

£10: 10: 01 
payd in cours by 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 261 

salary ; but the Council sec not meet to alter the Treas- 
urer's fees. 

Cha. Story, Secretary. 

Vote sent up by the Representatives to this Board, relat- 
ing to the Regulating of several officers' fees, of entering 
and clearing of vessels, as upon file, was read. 

Mr. Samuel Penhallow's debenter, Am" to 29'"^ : 6' : 7*^, 
was read, allowed and ordered to be paid accordingly. 

Mr. Samuel Penhallow's Ace* relating to Powder was 
read, allowed and approved of, as upon file. 

An Act relating to the inhabitants of the Province doing 
military service in equal proportions, and for raising money 
for a stock of provisions to be in each town, ready for such 
soldiers as shall march forth against the enemy, being three 
times read at this Board [p. 13(3.] and past the House of 
Representatives to be enacted, was assented to by his Ex- 
cellency. 

Adj'' till the second Tuesday, November next. 



Province of New Hampshire. 

At a Council and General Assembly, held 
by adj* on Tuesday, the 9*^ of Nov'""-", 1703. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
Robert Elliott, ) -p George Jeffrey, ) -p, 

Peter Cofiin, j ^^'^^- Henry Dow, \ ^'''^^' 

The petition of Capt. Robert Eason was read at this 
Board, commander of the ship Thennett, built in the river 
of Piscataqua, setting forth the said ship's being in the 
Queen's service, and have so been ever since she was built, 
in fetching masts, yards. Bowsprits, <fec., out of this river 
for her Maj'ty's navy. 

Prays that he may therefore be considered in being 
abated towards paying the duty and imposition laid upon 
all vessels paying powder, in specie going out of this River, 
&c. 



262 PROVINCE OF NEW-HAMPSHIRE. [1703. 

His Honor the Lieut. Governor was pleased to send for 
the House of Representatives to conie to this Board, who 
accordingly came, and his said Honor was pleased to pro- 
rogue them in these words foil. viz. : 

Having received a Letter from his Excellency Joseph 
Dudley, Esq., Commander in Chief and Governor of this 
her Majesty's Province, signifying his desire to prorogue 
you, gentlemen of the Assembly, for another month, de- 
signing to see you : I do therefore, by virtue of the Queen's 
commission, prorogue you, the Assembly of this Province, 
for one month, and in her Majesty's name you are pro- 
rogued. 



[p. 137.] Province of New Hampshire. 

At a Council and General Assembly, held 
at Portsmouth by prorogation, on Tues- 
day, the 7'^ day of December, 170-3. 
Present, 
John Usher, Esq., Lieut. Governor, 
Robert Elliott, "j George Jeffrey, J 

Peter Coffin, > Esqs. John Plaisted, V Esqs. 
Sam^ Penhallow, ) Henry Dow, ) 

Mr. Secretary Story w^as sent as a Message to call the 
House of Representatives to this Board, who accordingly 
came. His Honor the L' Governor was pleased to make a 
speech to them as foil : 

[p. 138.] A copy of which speech being desired by the 
House of Representatives, was accordingly granted and 
sent down to the House by Secretary Story.* 

The petition of Capt. Robert Eason was read at this 
Board, relating to have some some small abatement of pay- 
ing powder duty, &c. 

A Letter from his Excellency Joseph Dudley, Esq., Gov- 
ernor, &c., was read at this Board, directed to Colonel 

• This speech not to be found. 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY, 2G3 

Romcr, and dated at Roxbuiy, 22^^ Nov•'^^^ 1703, setting 
forth that he desired Col. Ronier to see the Lieut. Governor 
in Council at his coming away, and acquaint them what 
was done at the fort, and what was a doing, and prayed 
that the order may bo sacred, the money for the fort 
untouched, but by said Col. Romer's orders or warrant, etc. 
Col. Romer appearing at this Board, made the following 
speech, viz.: 

May it please your Honors, — I was ordered by his Excellency 
Joseph Dudley, Esq., Governor, &c., for to repair the fort W" 
and Mary, so that it might be secured as a defense from any sur- 
prise, and that the Province of New Hampshire to that end had 
allowed 500"'^ in money and 500"'^ in labor, and that they had 
made some progress in it ; but that the severity of the winter had 
obliged them to leave off. And whereas the 500"^^ in money, raised 
by the Asseml^ly, was delivered in all sorts of Provisions to the 
Treasurer, according to the Act made for that end, but said pro- 
visions not being to be sold for the prices mentioned in said Act, 
but much lower, according to market price ; there was given to 
the Treasurer, by order of the Council, 50'^ abatement, so that 
there remained in the Treasurer's hand but 450"'** ; that the 500""* 
in labor would soon consume the 450"'% and that they had already 
consumed upwards of 26"'% and had not done full eight pounds' 
worth of work, which said Col. Eomer desired this Honorable 
Board to take into serious consideration. 

[p. L'VJ.] 2'"y. Col. Romer acquainted this Board that it was 
customary in all parts of tlie world, as Germany, Denmark, Sweed- 
land, Brandenburg, &C., that when the Country or General Court 
to their Prince or King did give or allow any sum of money for 
labor, that then the subjects did take provisions along with them 
for eight or ten days, according to tiie distance of their habita- 
tions ; and then it would be reckoned as money ; but it cannot 
hei'e be reckoned so, because if this daily labor so proceed, it will 
soon consume the 450"'\ Therefore by consequence this Honora- 
ble Board may Judge that it is impossible to make a magazine for 
powder, and lodgings for 50 or 60 men, which I desire this Hon- 
orable Board also to consider seriously of. 

3'^'y. Col. Romer further declared at this Board, that he had a 
year ago demonstrated to the Duke of Malbrough, the state and 
condition of this Province, and that it was impossible for them to 
make these fortifications, which his late Maj'ty was pleased to 



264 PROVINCE OF NEW-HAMPSHIRE. [1703. 

order should be made ; and that he reqiiested the Diikc of Mal- 
brough to take it into liis serious consideration. 

And further said that it was now in due season and time tluxt 
this Province should implore the Queen for her assistance ; and 
requested that this Board desire his Excellency the Governor, and 
the Honorable the L' Governor, for their concurrence in this 
matter. 

And then Col. Romer took his leave of this Board, in order to 
depart next day for Boston. 

Mr. George Jeffrey's acc"^ as Treasurer from June, 1G95, 
to Sep^'', 1696, Am° to 925'" : 14^: 7'\ and rest due to said 
Jeffrey, to balance 22 : 03 : 11, was read at this Board, 
and lie produced his vouchers and receipts for all payments 
therein mentioned ; which was approved and allowed of by 
this Board. 

Adj'' till to morrow morning, 10 of the clock. 



[p. 140,] Province of New Hampshire. 

At a Council and General Assembly, 
held by adj' on Wednesday, the 8"^ 
Xber, 1703. 
Present, 
Tlie Hon'^'^ John Uslier, L* Governor, 
Robert Elliott, ) ^^ ^ George Jaffrey, jl ^_, 

Peter Coffin, j '^ ^ " Sara' Penhallow, j '^'^ 

John Plaisted, Esq. 
An estimate of the Province Debts, am° to 450 lbs., Avas 
sent from this Board to the House of Representatives. 

Mr. Joseph Smitli, formerly Treasurer of this Province, 
brought in his acc"^ to this Board from 29*'^ Sep""", 1696, to 
tlie 23-^ Jan'-, 1696-7, and from 9"' January, 1698-9, to Aug* 
7, 1C)99, and produced his vouchers and receipts for all 
payments ; and swore to the truth of his acc"% which was 
allowed and approved of. 

Mr. Nath' Hill brouglit up to this Board from the House 



1703.] JOURNAL OF COUNCIL AND ASSEMBLY. 265 

of Representatives an answer to the L* Governor's speech 
as foil., viz.: — 

To the Honoi-able John Usher, Lieut. Governor of her Majesty's 

Provhice of New Ilampsliire, the answer of the Representatives 

to the speech yonr Honor was pleased yesterday to make to the 

Assembly. 

As to her most sacred Maj'ty that now Rightfully sits upon the 
Throne, we have had so ample a character from his Excellency, 
the Governor, that we account it the greatest happiness of the age 
we live in to be under the influence aiid government of so great, 
good and glorious a Queen ; and shall constantly pray tliat her 
Maj'ty's Reign over us may be long and prosperous, resolving in 
all things to behave ourselves as becomes dutiful ami loyal 
subjects. 

As to the frontier garrisons, we believe they may be in some 
danger, but we are not capable of sustaining the charge of sup- 
plying all with soldiers; besides the committee of !\lilitia in the 
several towns are impowered by law to look after and order those 
aflfaii-s. 

[p. 141.] As to her Maj'ty's fort on Great Island, His Excel- 
lency the Governor, seeing the condition thereof, did move the late 
Assembly to take care that it might be made more defensible, who 
accordingly advanced 500 lbs. for that end; and as to men, we 
suppose the present season of the year will in some measure sup- 
ply that want, there being on Great Island only the fort to do 
duty, and are humbly of opinion that the inhabitant^ on said 
Island may be sutficient to supply said fort with men for watch- 
ing and warding, and not be burtheued near so much as other 
places in this Province is ; and for the want of powder, our agent, 
Major W" Vaughan, was instructed to address her Maj'ty on our 
behalf for a supply, from whom we have yet had no perfect 
account of that matter. 

As to the Treasurer's acc"% we had them lately laid before us by 
order of his Excellency, aud have continued an Act for laying a 
Duty on lumber, &c., for auother year; which we hope by the 
year's end will pay our Debts, and answer the necessary charges 
arising the mean time. And lastly, as to addressing her Maj'ty 
for a company of soldiers, &c., for the fort, we say, his Excel- 
lency the Governor, having been lately among us, and well 
acquainting himself with the state of the Province, fort, and all 
things concerning the same, we have prayed His Excellency to 
represent our state and wants at large: And pray her Maj'ty's 



266 PEOVINCE OF NEW-HAMPSHIRE. [1703. 

favorable relief, which we presume is already done, or will be 
done by these ships: so need not give your Hon"" any further 
trouble therein ; but always acknowledge your Hon" favor and 
kindness, wherein you are disposed to promote the good and wel- 
fare of this her Maj'ty's Province. 

December 8"', 1703. 

Passed by the House of Representatives. 

Saml. Thing, CI. 

His Hon'' the L* Governor required at this Board an 
ace" of what Major Yaughan, the agent for this Province, 
had done for this Province in England, relating to their 
addressing her Maj'ty for a sup[)ly of powder, &c. 

This Board declared they have no ace" from said Major 
Yaughan relating thereto. 

[p. 142.] Ordered that Wednesday, the 29"^ instant, be 
set apart as a Thanksgiving day, &c., throughout this Prov- 
ince, for all mercies daily received, &c.; and that Mr. 
Samuel Penhallow, Mr. Nathaniel Rogers, minister, and 
Mr. Secretary Story, draw up proclamations accordingly. 

Adj'^ till to-morrow morning 10 of the clock. 



Proviixce of New Hampshire. 

At a Council and General Assemljly held at 
Portsm" l;»y adj' on Thursday, the 9"' day of 
December, 1703. 
Present, 
The Hon''^'' John Usher, Esq., Lieut. Governor, 
Peter Coffin, j ^ ; Sam^ Pei.hallow, j ^ 
George Jeffrey, ) ^ Henry Dow, ) ^ 

John Plaisted, Esq. 
Mr. Nath' Hill brought up the petition of Capt. Robert 
Eason to this Board from the House of Representatives, 
with a vote that he pay two barrels of powder for this 
voyage. 

Consented to by the Council, and ordered that the Secre- 
tary make out an order to the Treasurer accordingly. 



1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 267 

Mr. Secretary Story was sent as a message by the L* 
Governor to the House of Representatives, in order to 
deliver in writing to that Board these foil, words, viz. : 

Pursuant to her Maj'ty's instructions, whereas there is 
no power given in her Maj'ty's commission to execute mar- 
tial law in time of peace, upon soldiers in pay l»y her 
Majesty ; I therefore recommend to you, the Assembly, 
(that if not already done) you prepare such Act or Law 
for the preserving of good discipline amongst soldiers that 
the same may be sent home to her Majesty. 

John Usher, L' Governor. 

[p. 143.] It appearing in the Treasurer's ace"' in the 
year 1701, that he paid Lieut. Governor Partridge, per 
order, being voted as part of his disbursement for said 
Province, 100 lbs., Mr. Secretary Story was sent down to 
the House of Representatives to know whether they have a 
particular account of Mr. Partridge's disbursement am"* to 
the said 100 lbs. 

The House of Representatives say they have no ace"' of 
Mr. Partridge's disbursements about the 100 lbs., etc. 

Ordered, that Henry Dow, George Jeffrey and Joseph 
Smith, Esqrs., formerly Treasurers in this Province, be 
allowed five pounds per cent, for paying and receiving, 
having produced their ace"' at this Board, and fairly dis 
charged themselves of their payments by sufficient vouches 
and receipts, having not formerly taken out their warrants 
from the Governor or Lieut. Governor for payment of said 
five pounds per cent. 

Adj'' till two of the clock post Merediem, to-morrow. 



268 PROVINCE OF NEW-HAMPSHIRE. [1703. 

[p. 144.] Province of New Hampsliire. 

At a Council and Gen" Assembly, held by 
adjourn* on Friday, the 10'" Xber, 1703. 
Present, 
George Jeffrey, | ^ Sam' Penhallow, | ^ 

Henry Dow, j ^^^^' John Plaisted, \ ^^*1'^- 
The House of Representatives sent up to this Board a 
vote in answer to what the Honorable the Lt. Governor 
sent down to that house in writing, intimating to them to 
prepare an Act or Law for the punishing of mutiny, deser- 
tion and false musters, relating to soldiers in pay by her 
Majesty (vote as foil.), viz: 

Voted, the Assembly are humbly of opinion that the 
military laws of the Province are full and sufficient to 
punish offenders, according to the discretion of the Com- 
mittee of militia. 

Past by the House of Representatives. 

Sami Thing, Clerk. 
Mr. Henry Dow, formerly Treasurer of this Province, 
brought in his ace"'' to this Board as Treasurer, from the 
16^ May, 1691 to the 16"' May, 1695, am*' to 78o"'^ : T^ : 8'', 
and balance due from him to her Mnjcsty, 1"*: 9^: ll"*, and 
produced sufficient vouches for all payments, &c., and gave 
his oath to said account ; was then allowed and approved of. 
Adj'' till to-morrow morning, 9 o'clock. 



[p. 145.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm°, by adj', on Satur- 
day, the 11"' December, 1703. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
Rol)crt Elliott, ) John Plaisted, ) p 

George Jeffrey, > Esqs. Henry Dow, j " ^ ' 
Sam' Penhallow, ) 

Mr. Secretary Story was sent to the House of Represen- 



1703.] JOURNAL OP COUNCIL AND ASSEMBLY. 269 

tatives to ask of tlicm if they had anything to offer to this 
Board, who answered they had nothing. 

Mr. Secretary Story was sent as a messenger to call the 
House of Representatives to this Board, who accordingly 
came, and his Hon"" the Lieut. Governor was pleased to de- 
clare unto them as foil., viz : 

Gentlemen, — 

In my speech laid before you the true state of the rroviiice and 
the condition of her Majesty's fort, recomraeuding to your care 
the raising of money for securilics and defense thereof: in your 
answer thereto are pleased to intimate there are acts for duties 
laid which you judge will pay the Debts and answer the neces- 
sary charge. 

Those Acts are given for other ends and uses. Judge will not 
answer those ends for which it's made and the money raised by 
those acts must only be applied to the ends for which it's granted. 

You likewise say the laws of the place have made provisions 
for security of the Province, and his Excellency hath represented 
the state thereof home. 

I laid before you the Province was in Debt above 450"', and 
daily charges doth arise ; that there was absolute need of soldiers 
at her Majesty's fort and some of the frontier Garrisons ; if either 
suffer by want of supplies I have quitted myself. 

His Excellency having given notice that the several Treasurers' 
accounts, from the year 1G94, be prepared to be sent to [p. 146.] 
England; The several accounts from 1694 to January, 1696, by 
the several Treasurers, hath been laid before the Council with 
their vouches and receipts, and how and to what end the reve- 
nues hath been applied. 

There hath been in Major Vaughan and his successor's time 
paid to W" Partridge, Esq., 867^'''': 2^*: 6*1, for which there is no 
ace" of particulars of disbursement, and that ought not to be 
allowed. 

As to the SOO"*^ paid, your agent do find that he lias not given 
any account either to the Council or Assembly of any proceedings 
of his in England for account of the public. 

I have not only been informed of the condition of the Province, 
but have visited it and seen the condition thereof, and I doubt not 
but the Governor hath truly represented the same, and I shall by 
these masts ships second it likewise to her majesty. 

In the mean time shall take care of her majesty's fort as shall 
think proper. 



270 PEOVINCE OF NEW-HAMPSHIRE. [1704. 

Gentlemen, you are dissolved, and in lier Majesty's name do 
dissolve yon. 
So far gone for England. Xbcr, 1703. 



[p. 147.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth on Tuesday, the 
8"' February, 1703. 
Present, 
John Hinkes, Esq., President, 
George Jeffrey, ) ^ John Plaisted, ) -^ 

Samuel Penhallow, \ " ^ ' Henry Dow, j ^ 
Assembly men's names. 
Hampton. Portsm". 

Mr. Tho. Roby, Capt. Jno. Pickerin, 

Mr. Gershom Elkins, Capt. Mark Hunkin, 

Mr. Sam^ Shaw. Mr. Sam' Keais. 

Exeter. Dover. 

Mr. Samuel Levett, Capt. Jno. Woodman, 

Mr. Samuel Thing. L' W' Furber, 

L* Nath' Hill. 

Newcastle. 
Mr. Wm. Wallis, 
Mr. Wm. Seavy. 
The above said persons being of the House of Represen- 
tatives took the oaths appointed by law instead of the oaths 
of allegiance and supremacy, and subscribed and declared 
the test and Declaration, and then were ordered to choose 
their speaker and present his name to this Board ; and so 
departed. 

The whole House of Representatives came to this Board 
and presented Captain John Pickerin as their Speaker. 

This Board thought fit to accept of Capt. John Pickerin, 
Speaker of the House of Representatives, and desired the 
said Representatives to consider of the state of the Prov- 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 271 

ince, and what other business they had to go upon to pre- 
pare and make ready the same, to present to his Excel- 
lency, Joseph Dudley, Esq., our Governor, who would be 
with them in two days. 

Adj'' till 10 o'clock next Thursday, ante merediem. 



[p. 148.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, by Adj*, on 
Thursday, 10"' of February, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
The Hon''^'^ the Lieut. Governor, not as a member, &c., 
Peter Coffin, ) ^^ , Sam^ Penhallow, ) -p 

George Jeffrey, ] ^^ ' John Plaisted, j '' ^ • 

Henry Dow. 
The House of Representatives being sent for came up to 
this Board, and his Excellency made the following speech : 

Gentlemen : — 

The public service lias brought me hither, and I was not willing 
to be ill the Province Avithout seeing an Assembly, that I might 
offer you what I Judge necessary for her Majesty's service, and 
the good of the Province, and might receive from you the present 
state of your affairs. 

I am glad that notwithstanding the trouble with the Indians, no 
part of this Province has had any impression from their barbarous 
hands ; and I am the more sensible of the Gentlemen's service that 
have assisted me in the raising the volunteers now sent out, which 
are truly every fourth man fit to march in this Province, which I 
shall, as is my duty, humbly represent to her Majesty. 

As soon as is possible I shall order the incidental charges for 
their advance be laid before you ; and the Treasurer very justly 
presses me to desire you will raise wliat is proper to pay your en- 
gagements and Debts ; and a just induction to you so to do, is that 
nothing has been raised in this Province by a tax this year, when 
your neighbors pay 12 or 15 single rates for the necessary service 
of the year. 

I have also to communicate to you her Majesty's commands, re- 



272 PROVINCE OF NEW-HAMrSHIRE. [1704. 

feiTiiig- to the fort at New Castle, that it be perfected in all points; 
the date of these letters will allow you to suppose that the 
Account of your grant of 500""* for that service was not come to 
band ; however I am bound to communicate that Letter, and it 
will give you a good demonstration of her Majesty's care of the 
preservation and security of her good subjects here residing ; And 
also encourage you in what is furtlier wanting in that service to 
do your duty as tliere shall be occasion. 

[p. 149.] I think it also proper to acquaint you with her Maj- 
esty's commands, which I have received referring to Mr. Allen's 
Title to the waste [lauds?] of this Province, as the same is con- 
veyed to him from the heirs of Mr. IMason, and to acquaint you 
that notliing will more tend to your quiet and repose, nor to her 
Majesty's just satisfaction referring to this Province, than to have 
an amicable and quiet issue in that matter. 

The last Judgement upon the appeal makes you sensible of her 
Majesty's equal administration of justice to all her good subjects; 
and I desire your regaiard to her Majesty's directions in what 
remains, which may give a like instance and satisfaction of your 
obedience. 

I have also to recommend to you what the L' Governor has 
already oti'ered to the Council, that Lodgings may be provided for 
him on the Great Island, near the fort, until he may have a lodging 
in the fort itself, which will be most proper; — it can amount but 
to a small matter by the year, and will show your resjjects to the 
Government. 

His Excellency also communicated to the said House of 
Representatives a Letter from her Majesty, relating to Mr. 
Allen's Title about the waste lands of this Province, as also, 
another Letter from her Majesty, relating to the inlial)itants 
keeping the fort William and Mary in good defence, &c. 

Thomas Holland's petition relating to his being divorced 
from his wife Elizabeth was read at this Board, and sent 
down to the House of Representatives with the opinion of 
the Council, that considering the said Elizabeth had owned 
her adultery and other allegations in said petition, that the 
said petitioner be acquitted from allowing said Elizabeth any 
maintenance, and she be separated from his Bed and Board. 

Petition on file and entered in the next Council day. 

Ordered, that Col. Thomas Packer be paid out of the 



1704:.] JOURNAL OP COUNCIL AND ASSEMBLY. '21S 

Treasury one pound six shillings seven pence for entertain- 
ing two men which came post for her Majesty's service. 



[p. 150.] Province of New Hampshire. 

At a Council and General Assemhly held 
at Portsmouth by adjournm* on Friday 
the 11* February, 1703. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &:c., 
The Honorable the L* Governor, not as a member, &c., 
Peter Coffin, ) -p^ , Samuel Penhallow, ) y^ 
George Jeffrey, \ ^'^ ' John Plaisted, \ ^"^ 

Henry Dow. 

Thomas Packer's debenter, am'' to two pounds, one shil- 
ling and sixpence, for entertaining the Major General, was 
allowed and ordered to be paid in course out of the next 
Province Rate. 

Thomas Packer's debenter, am" to four pounds, fifteen 
shillings and eight pence, for entertaining the Honorable 
John Usher, Esq., L' Governor, 22'^ October, 1T0-], was 
allowed and ordered to be paid, Ut supra. 

Ordered, that Thursday next be kept as a day of Fasting 
and Prayer throughout this Province ; humbly to implore 
the Divine favor and Blessing upon her Sacred Majesty's 
life, and prosperity to her Arms and the Arms of the Con- 
federates against the Great Oppressor of the liberties of 
Europe, and also to pray the favor of God for the preser- 
vation of this Province and the good success of the forces 
now gone against the Indian Rebels, and all ministers and 
people are strictly enjoyned to observe the same accordingly. 

Samuel Penhallow, Esq., his debenter, am° 11"^*: ll**: 00<^ 

for utensils for soldiers marching forth against the Enemy, 

<tc., and for maintenance of French Prisoners, &c., as upon 
18 



274 PROVINCE OF NEW-HAMPSHIRE. [1704. 

file, was read and allowed and ordered to be paid in course 
out of the next Province Rate. 

[p. 151.] The petition of John Cross and James Phillipps 
are referred to next Council day to have a hearing, by 
reason Mr. Hinkes hath not had due notice to answer said 
petition ; and that said Mr. Hinkes be ordered forthwith to 
pay the petitioners what money shall be found in arrears to 
them, and that Mr. Hinkes deliver to the Treasurer the 
Order of Thirty pounds or upwards, which the Treasurer 
says lie hath paid ; And that the Secretary give notice to 
Mr. Hinkes to attend next Council day. 

Ordered, that the select men of Dover be summoned to 
appear next Council day to shew cause wherefore the town 
of Dover should not pay five pounds, eight shillings to the 
Treasurer for the defect of Constable Crockett.; the Treas- 
urer calling for said summons. 

Mr. Hill, one of the House of Representatives brought 
up an answer to his Excellency's speech, in hsec verba, viz : 

May it 2)^ease your Excellency, — 

The Representatives of this Province have duly considered 
what your Excellency has laid before them, and are always glad 
when they may attend you in General Assembly ; being sensible 
of your great care to her Majesty's service and the good and wel- 
fare of this Province, we humbly thank God for our preservation 
hitherto during the late and present Trouble, and attribute much 
to j'our constant care and solicitude for us ; and what the Gentle- 
men here have done to your assistance in raising volunteers is no 
less acceptable to us than your Excellency, And we thankfully 
accept your assurance that it shall be well represented to her 
Majesty. 

As to the supply of the Treasury for tlie payment of Debts, the 
time of year draws near when the Reveinie arising by a duty on 
lumber will show itself ; and we assui^e j^our Excellencj'^ if that 
shall fall short at the year's end, we shall account the Province 
Debts our own, and take effectual care for payment of whatever 
appears justly due ; As to the Great Taxes your Excellency is 
pleased to intimate has been this year laid upon our neighbors of 
the Massachusetts; We presume it has been principally occasioned 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 275 

by the ^Viir, aud your Excellency may please to know we have 
taken care to support that charge by having our men always ready 
with sufficient subsistance for so many as at any time your Excel- 
lency shall see cause to command forth against the present enemy. 
We are sensible your Excellency is not ignorant of our poverty by 
[r. 152.] which we are disabled raising the necessary fortilicution 
for this port, aud that the 500"^^ raised bears some proportion to 
our i^resent ability, and hope the Pro^ance will always do their 
utmost for their own preservation; and humbly pray that you will 
further represent the matter to her Majesty, that by some means 
we may be assisted in tliat Great charge, aud that great Ordinance, 
arms and ammunition, may be supplied to us. 

As to what your Excellency has been pleased to communicate 
to us of her Majesty's commands referring to Mr. Allen's title to the 
waste of this Province, we humbly represent and pray of your 
Excellency that it may be laid before her most sacred majesty, 
that we are very sensible of her Majesty's princely regard aud jus- 
tice to her most dutiful subjects of this Province, in the last trial 
between Mr. Allen and Mr. Waldron, which has for ever obliged 
us to a sense of and resolution in our duty and obedience to her 
majest}' ; that tliis Province is at leasty sixty miles long and twenty 
miles wide, containing 1200 square miles, and that the inhabitants 
have only claim to the property of such land asis contained with- 
in their town Bounds, which is less than one third part of the 
Pro^dnce, and has been possessed by them and their ancestors for 
more than sixty years, but have nothing to offer as a grievance if 
the other two thirds be adjudged to Mr. Allen, but shall be glad 
to see the same i^lanted and settled for the better security and de- 
fense of the whole,* with all humbly desiring it may be con- 

* lu accordance witli tlie above expressed opinion, "on the 3d of May, 1705, the In- 
habitants and Terre-Tenauts of the Province, at a general meeting held at Ports- 
mouth, came to the following resolution with respect to Mr. Allen's title : 

"That they had not on behalf of themselves, nor any of the Inhabitants of thia 
Province, any challenge or claim to any part of this Province, extra the bounds of 
the four Towns of Portsmouth, Hampton, Dover and Exeter, with the Ilanilets of 
New Castle and Kingstown, &c., appertaining which were all comprehended by a 
Line, on the western part of Dover, Exeter and Kingstown, alreadj' known and laid 
out, aud should be forthwith revised; but that the said Samuel Allen, Esq., his heirs 
and assigns might peacably hold and enjoy the said Great Waste, containing 40 miles 
in length and 20 miles in breadth or thereabovits, at the heads of the four Towns afore- 
said, if so should iilease her Maj'esty ; and That the Inhabitants of this Province at all 
times should be so far from giving interruption to the settlement thereof, that they 
declare on their behalf and by the power given them that they desire by all means 
that the Waste might be planted and filled with Inhabitants, the lands being very ca- 
pable thereof, to whom they would all give their assistance aud encouragement as far 
as they were able. 



27G PROVINCE OF NEW-HAMPSHIRE. [1704. 

sidcrcd liow much time, blood and Treasure has been spent to 
settle and defend tliis part of lier Majesty's Dominion in New 
England, and that the cost and labor bestowed tliereon far ex- 
ceeds the present true value of the land, so that we humbh- hope 
her majesty's intention is not to take of all the herbage, timber 
and fuel from the inhabitants, without which they cannot subsist ; 
and less than the bounds of their present towns, Tv'hich were but 
four in number until of late two were divided, will not give feed 
for their cattle, and timber and fuel necessary. It being not 
usual in those plantations to fence in much more of their land 
than serves for tillage, leaving the rest unfenced for the feed of 
their cattle in common, we are well assured of her majesty's gra- 

" That ill case Samuel Allen should for himself, his heirs, executors, &c., for ever 
quit-claim unto the present Inliabitants, their heirs and assigns, for ever, of all that 
Tract of land and every part and parcell thereof, with all privileges, &c., situate, Ij'- 
ing and being within the severall Towns of this Province, to the extent of the hounds 
thereof, and also warrant and defend the same to the Inhabitants against all manner 
of persons whatsoever, free from mortgage, intailment and all other maimer of In- 
cumbrances ; and that this agreement and the lands therein contained should be ac- 
cepted and confirmed by her Majesty, then, and in such case they agree to lot and lay 
out unto Samuel Allen, his heirs and assigns forever, five Hundred acres of land out 
of the Township of Portsmouth and New Castle; 1500 acres out of the Township of 
Dover; 1500 acres out of the Township of Hampton and Kingstown, and ICOO acres 
out of the Township of PLxeter, all which Lands should be laid out to him the said 
Samuel Allen, out of the Commonage of the respective Towns in such place or jdaces, 
not exceeding three places in a Town, as should be most convenient to Mr. Allen and 
least detrimental to the Inhabitants of the Town. 

"And further they agree to pay Samuel Allen, his heirs or assigns, two thousand 
Pounds current money of Kew England, that is to say, one thousand pounds within 
twelve months after the receipt of her Majesty's ConfiTmation of this their agreement 
and the otiier thousand pounds within twelve months after the first payment. 

"And further that all contracts and bargains formerly made between Mr. Mason 
and Mr. Allen with any the inhabitants or other her Majesty's subjects, which were 
hona Jide for lands or other I'rivileges in the possession of their tenants in their own 
just Kight, besides the clahn of Mr. Mason or Mr. Allen, and no other shall be ac- 
counted good »& valid by these articles; But if any the purchasers, lessees or Tenants 
should refuse to pay their just part of what shoidd be agreed to be paid, refer- 
ring to this affair, in equal proportion with the rest of the Inhabitants according to 
the land they hold for, their share should be abated by Mr. Allen out of the two 
thousand Pounds payable to him by this agreement. 

" And further that upon Mr. Allen's acceptance and under writing of these articles, 
they promised to give good personal security f jr the jiayment abovesaid. 

" Ami further that all actions and suits in the Law depending or thereafter to be 
brought conserning the premises should cease, determine and be void, untUl her Majes- 
ty's pleasure .should be further known therein." 

[The foregoing copied from a MS. Keport of the Lords of Trade, to King George II., 
in Secretary's Office. To which is ad<led : 

"These Propositions having been finally settled and agreed to, were ordered to be 
presented to Mr. Allen for his acceptance, but his death, which happened on the next 
day, prevented it. "J 



1704.] JOURNAL OF COUNCIL AND ASSEBIBLY. 277 

cious regard to all her good subjects of this Province, and humhly 
prostrate ourselves at her feet in this affair of so great concern- 
ment to us. 

As to tlie providing lodgings foB the Lieut. Governor, our pov- 
erty is such that we are not able to do what is necessary for our 
own preservation and defense ; However, if your Excellency sees 
meet to appoint two of the Council, we will nominate two of this 
House to join vnth them as a Committee to consider that matter 
and make report to the next session of the Assembly. 

[p. L53.] "We only further humbly pray your Excellency that you 
will please to continue your care of us as hitherto, that we may 
not be insulted by the enemy, and that our principal gentlemen, 
such as the Judges, Justices of the Peace and other persons of the 
best account amongst us, may not be exposed as private sentinels, 
and sent out upon the scout in a small number after the enemy, 
as some have lately been In your Excellency's absence, to the 
great hazard of their lives Avithout any prospect of service to her 
Majesty. February, 11, 1703-4. 
Past by this House, Mark Hunking, Clerk. 

Ordered, That Robert Elliott and George Jeffrey, Esqs., 
be appointed a Committee to join with two of the House 
of Representatives, viz : Mr. Mark Hunking and Mr. Sam- 
ncl Kcais, to consider of a House for the accomodation of 
the Honorable John Usher, Esq., Lieut. Governor, and to 
make report to the next session of the General Assembly. 

Ordered, That George Jeffrey and John Plaisted, Esq., 
be a Committee to audit accompts of the Tanners, Curriers, 
Shoemakers, &c., and make report to his Excellency. 

[p. 153.] Province of New Hampshire. 

The petition of Thomas Holland. 

To his Excellency, Joseph Dudlej^, Esq., Capt. General, Governor 
and Commander in Chief of lier ]N[ajesty's Province of New 
Hampshire, and to the Honorable The Council and Represen- 
tatives Convened in General Assembly for said Province, at 
Portsmouth. 
The humble Petition of Thomas Holland, now resicleut in said 

Province, mariner: 
Sheweth : — 
That your petitioner was married to Elizabeth Very [?] of Dept- 

ford, at Southwark, in the kingdom of England, in the year of 



278 PROVINCE OF NEW-HAMPSHIRE. [1704. 

our Lord, 1692, and since that hath lived in a state of marriage 
with her, the said Elizabeth, about seven years, in which time 
she bore him three children, and then she went from hence to 
England, where she remained about two years ; all which time 
your lietitioner continued here in New England, being employed 
ju his late Majesty's service as purveyor for the navy of England, 
and all that time did not see the said Elizabeth his wife, who re- 
turned from England in the Ship Hope, Aaron Everdon, Com- 
[p. 154,] mander, in the year 1700: And about three weeks after 
her arrival, she, the said Elizabeth, was delivered of a living 
daughter and was thereupon convicted before her Majesty's Lieu- 
tenant Governor and Council in this Province, and she publicly 
owned her adultery and the child borne of her body, since which 
time she hath taken no method to your petitioner's satisfiiction, 
so as to procure in him a belief of her amendment, but rather 
gives cause to suspect she persists in a lewd course of life. 

Wherefore your petitioner most humbly prays your Excellency 
and this honorable Assembly, that you will please to grant him a 
Divorce from Ms marriage with the said Elizabeth, or such sepai'a- 
tiou as may acquit him from her further challenge and main- 
tenance, that he maj^ be capacitated to go about his business Avith 
alacrity and maintain his poor children, of whom he is willing to 
take effectual care according to his ability. 

And your petitioner, as in duty bound, shall ever pray, &c. 

Tno: Holland. 

Said petition was read in the Council Board, 10"^ instant, 
and sent down to the House of Representatives with the 
opinion of the Council ; viz.. That considering th.c said 
Elizabeth had owned her adultery and other allegations in 
said petition, that the said petitioner be acquitted from 
allowing said Elizabeth any maintenance, and she lie sep- 
arated from his Bed and Board. 

This day said petition was brought up to this Board with 
the following vote annexed thereto from the House of 
Representatives, viz : 

Voted, 'That the Asseml)ly doth acquiesce in what the 
Governor and Council hath done as to the above petition, A'C. 

This Court having had consideration of said petition, and 
having seen the examuiation of the said Elizabeth Holland 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 279 

and licr confession as the same is alledged in the petition 
from the ministers of the Council of this Province, Do 
thereupon order and determine that tlie said Elizabeth 
Holland be and is hereby separated from her said husband, 
Thomas Holland, a mensa et a tJioro ; and the said Thomas 
Holland discharged from any further care or provision for 
her, the said Elizabeth's, [p. 155.] maintenance or sub- 
sistence, he having never received any thing as a marriage 
portion with her, more than her clothes, and she being now 
eloined* from him ; the said Thomas Holland having also 
engaged to this Court to take a just care of his three 
children borne of her body, during their cohabitation 
together, and that the secretary exemplifies the same uiuler 
the seal of this Province with his attest. 
P. Order, &c. 

Exemplification vpon the ahovesaid Order about Tltomas 

Holland. 

[p. 155.] Province of New Hampshire in New England. 

By his Excellency Joseph Dudley, Esq., Governor and 

Commander in Chief in and over her Majesty's said 

Province, the Honorable her Majesty's Council and 

[seal.] Representatives Convened in General Assemldy the 

eighth day of February, Anno Domini, one thousand 

seven hundred and three, and continued by adjm' 

until the eleventh day of said moiith of February : 

This Court having had consideration of the petition of 3Ir. 

Thomas Holhmd, setting- forlli tliat lie v.^is married to Elizaljeth 

Yerry [?] of Deptford at Southwarlv in the Kingdom of England in 

the year of our Lord one thousand six hundred ninety and two, 

and since that hath lived in a state of marriage with her, the said 

Elizabeth, about seven years ; in which time she bore him three 

children ; and then she went from hence to Englarul, where she 

rcmahicd absent two years, — all which time, he the said Thomas 

Holland continued here in New England, being emplo3'ed in his 

late Majesty's service as Purveyor for the Navy of England, and 

* Separated. 



280 PEOYINCE OF NEW-HAMPSHIRE. [1704. 

all that time did not see the said Elizabeth his wife, who returned 
from England in the ship Hope, Aaron Everdon, Commander, in 
the year one thonsand seven Imndred, and abont three weeks after 
her arrival, she the said Elizabeth was delivered of a living 
daughter, and w^as thereupon convicted before her Majesty's 
Lieutenant Governor and Council in this Province, and she pub- 
licly owned her adultery and the child borne of her body ; since 
wliich time she hath taken no method to the said Thomas Holland's 
satistaction, (fee. ; And having seen the Examination of the said 
Elizabeth Holland and her confession, as the same is alledged in 
the petition from the Minutes of Council of this Province, Do 
thereupon order and determine that the said Elizabeth Holland be 
and hereby is separated from her said Husband, Thomas Holland,. 
a 3fensa et a Tkoro, and [p. 156.] the said Thomas Holland dis- 
charged from any further care or provision for her the said 
Elizabeth's maintenance or subsistence ; he having never received 
any tiling as a marriage portion with her more than her clothes, 
and she being now eloined from him ; The said Thomas Holland 
having also engaged to this Court to take a just care of Ids three 
children, borne of her body during their cohabitation. In Tes- 
timony whereof we have caused the seal other Majesty's Province 
to be hereunto affixed, the eleventh day of February, in the second 
year of her Majesty's Reign; Annoqnc Domine, 170|. 
S"^ :\Iarch, 1701 . Per Order of his Excellehcy and 

Served a true copy Council, 

of the above, by delivering Chas. Story, Secretary, 

the same to the above 
named Elizabeth Holland andj 
showing her the original. 
P. Chas. Story, Secix'tary. 

Ordered, That all petitions presented to this Board shall 
pay to the Secretary five shillings, and for an order there- 
u[)on five shillings, except the petitioner ])G a member of 
the Council or Assembly, or that the Governor or Com- 
mander-in-Chief in Council give order to the contrary. 

His Excellency departed for Boston about four of the 
clock this afternoon, his Honor the Lieut. Goveinor taking 
his place. 

Mr. John Campbell, post master General, his account 



I'^OL] JOURNAL OF COUxXCIL AND ASSEMBLY. 281 

being read at tliis Board, ani° to 21"' 4* 0'\ for his trouble 
and charges in sending forward his Excellency's Letters to 
Eoxl)ury at all hours and seasons in the night, and for 
sending to and from Piscataqua extraordinary expresses as 
per account on file, dated the 8^^ February, 1703-4, allowed 
fourteen pounds in full of said account, and ordered to be 
paid in course by the Treasurer out of the next Province 
Rate. 

His honor the Lieut. Governor was pleased to send Mr. 
Secretary Story for the House of Representatives to come 
to this Board, who accordingly came, and he then acquain- 
ted them that by his Excellency's order he prorogued them 
till Tuesday the 4"' day of April next ; and accordingly they 
vrere prorogued till Tuesday, the 4"' day of April next, 1704. 

Council adj'' till Thursday the 24"" instant, at 10 o'clock, 
ante merediem. 



[p. 157.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by Prorogation, 
on Wednesday the 24*'' May, 1704. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, etc., 
The Hon"'^^ the L' Governor, 
Robert Elliott, ^ George Jeffrey, ) 

Nath^ Weare, V Esqs. Sam^ Penhallow, > Esqs. 

John Gerrish, ) John Plaisted, ) 

Henry Dow, Esq., 
The Honorable the Lt. Governor having acquainted this 
Board that there are several families within the Bounds of 
this Province next adjoining to Salisbury, and to ascertain 
them to be within this Province he run the line some years 
since, having given notice to the Government of the Prov- 
ince of Massachusetts, who refused to attend]: 

Ordered, That the said several farmers and families be 
assessed to the Province Tax, and it be collected by the 



282 PROVINCE OF NEW-HAMPSHIRE. [1704. 

Constables of Hampton, and that the Province of the ^las- 
sachusetts be notified of this order, and that the Council is 
willing at any appointed and agreed time to run the Line 
and submit it to a - - - - and a Committee of both 
Governments, and that the commanders of the militia also 
do their duty in the military Government of the inhabitants 
abovesaid. 

Upon Col. Romer's remonstrance of the 24'^ May, 1704, 
given tlie Governor, he was heard at this Board, and all 
just satisfaction done him by the Governor and the Board 
in his reputation and service, and every body ordered to 
attend him in the service. 

Mr. EUott and Mr. Jeffrey representing to this board that 
whereas they were directed to join with two of the gentle- 
men of the Representatives for procuring a House for the 
reception of the honoral)le the Lieut. Governor, who accord- 
ingly a])pointed a time and met, but the said gentlemen re- 
fused to do anything therein. 

The Secretary was sent as a message to call the House 
of Representatives to this Board, who accordingly came, and 
his Excellency made the following Speech in hcec verba, viz. : 

Gentleinen:— The last time I met you I acquainted you with the 
state of the Treasury, and your debts and eug-agemeuts ; and had 
your answer, That if the Impost did not amount you would as 
you ought take eflfectual care for the discharge of the Debts, and 
for the necessary incidental growing charges, which I must ex- 
pect be now immedialely done. The Treasurer lays before you 
your Debts, and the Receiver the accounts of the Impost; there 
remains but two months of the year in which time what ever is 
received shall be duly accounted for. 

I desire you will grant what is necessary for a just discharge of 
your engagements, and that you will continue the impost and du- 
ties for the growing charge, which shall be with all thrift ex- 
pended ; and you are encouraged so to do for that the pi-ice of 
Lumber will now much better bear it than last year; and I must 
desire you to do it now that it may not fail, because I cannot pos- 
sibly be here just at that season when that Act will expire. 

I am sure every member of the Assembly is sensible that a!! 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 283 

duo care lias been taken in liei- Majesty's service here that your 
Debts are justly contracted, and I cannot further proceed in any 
affair -svithout a discharge of what is past, which you will there- 
fore grant by a tax to be paid out of the Province in such propor- 
tion as is usual. 

In obedience to her Majesty's Command Col. Romer is reform- 
ing the fort on Great Island, and I must acquaint you that for the 
four months next coming I cannot have less than twelve men at 
that place to support the watches, lest we be surprised, and in 
case of any invasion I have given strict ordei's to all the forces of 
both the Provinces to repair thither for its defence. 

What's necessary for the L* Governor and the forces under him 
who have the charge of the Fort ought to be supplied, or the ser- 
vice will not go forward. 

• I am glad in these hazardous times that I can meet you with 
any safety and that yoixr frontiers have been hitherto preserved, 
notwithstanding the daily scouting of the enemy around the 
Province who have had the advantage in other places by the neg- 
ligence of the watches in several parts. I shall continue to do 
what in me lies that you may be well guarded, and hope that 
every body will do their duty in their station. 

Adj'' till to-morrow morning, nine o'clock. 



[p. 159.] Province of New Ilampsliire. 

At a Council and General Assembly 
held by adj', on Thursday, the 25**" 
May, 1704. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, <tc., 
Robert Elliott, ) Nath' Weare, J 

Peter Coffin, [ Esqs. Sam^ Penhallow, > Esqs. 

John Gerrish, ) Jno. Plaisted, ) 

Henry Dow, Esq. 
Mr. Secretary Story his dehenter for service as Secretary 
from the 17*^ May, 1703, to 17"' May, 1704, for his salary 
and other service, etc., being sent down to the House of 
Representatives and by them approved of, was allowed of 
at this Board, amounting to 4G"'% 19', and ordered to be 
paid out of the 700^^^ Rate. 



284 PROVINCE OP NEW-HAMPSHIRE. [1704. 

Upon complaint of the Treasurer that Constable Crockett, 
about three years ago, having collected a Rate in Dover fell 
short of paying the Treasurer five pounds eight shillings, 
which he hath paid and disbursed since, and said Constable 
is dead, and left no estate, 

Ordered, that there be 5^^ 8" 0^ added to the nest Prov- 
ince Rate for Dover Town, for reimbursing the Treasurer 
the said sum of 5"' 8^ 

That in consideration of the honorable service done the 
Province by Major Hilton, Capt. Davis, Capt. Chisley and 
Capt. Gilman, in the late expedition, Ordered that they be 
presented severally : 

Major Hilton, .... 
Ca])t. Davis, ..... 
Capt. Chisley, .... 
Capt. Gilman, ..... 
To Capt. Sam^ Chisley for keeping Tho 
Phipps, the Guide, .... 

28 : : 

Ordered, that seven pounds be paid Col. Thomas Packer 
out of the next Province Rate in course, being a mistake, 
or under payment, made him at his Excellency's meeting 
the Indians in January, 1702. 

Capt. Jn" Tuttle his Debenter, Am" to 7'" : 10^ : 0^ for 
scouting and sending forward several Letters for her Maj- 
esty's service, was read at this Board and allowed five 
pounds, and ordered to be paid in course out of the next 
Province Rate. 

[p. IGO.] Ordered, that Benjamin Leavitt have l'" 10*^ 
allowed liim for riding post, 11"' Aug', 1703, to his Excel- 
lency at Roxbury, and to be paid in course out of the next 
Province Rate. 

Francis Graves his debenter being read at this Board for 
several times going Express in the year 1703, for her Maj- 
esty's service ; It is ordered, that the said Francis Graves 
have 5^^ 19* paid him in full of his Debenter out of the 
next Province Rate, in course. 



lb. 


B. 


d. 


12 : 


; : 


: 


5 ; 


; : 


: 


5 ; 


; : 


: 


3 : 


: ; 


: 


1, 

. 3 ; 


: : 


; 



1704.] JOURNAL OF COUNCIIi AND ASSEMBLY. 285 

Ricliard Jose, Esq., his dcbenter, Am" to 0'": 1": C'', for 
summoning and attending the Council and other service 
for her Majesty, being read, allowed and ordered to be paid 
in course according to his warrant out of this present 
Province Rate. 

Col. Thomas Packer's debenter, am" to 2'": 8« : S^ for 
meat drinks, <tc., for troopers and volunteers, allowed and 
ordered to be paid in course out of the next Province Rate. 

His Excellency having sent for the House of Represen- 
tatives to come to this Board, who accordingly came, He 
was then pleased to cause her Majesty's Order, in liasc verba, 
to be Publicly read before said House of Representatives, as 
foil., viz : 

At a, Court of Saint James', the 11* day of November, 1703. 

Present, 

The Queen's most Excellent Majestic in Council. 

Upon reading- this day at the Board a representation from the 
Lords' Commissioners of Trade and plantations, dated the 29''* 
October last past, relating- to two Acts past in the Assembly of her 
Majesty's Province of New Hampshire, the one entitled An Act 
for the Confirmation of Town Grants, and the other entitled an 
Act to Prevent Contention and Controversy that may arise, con- 
cerning the Bounds of the Respective Towns witliin this Province ; 
And the said Lords Connnissioners humbly offering their opinion 
that her Majestic would please to declare her disallowance and 
repeal of both the said Acts : 

Her Majesty with the advice of the Frivj Council is pleased to 

declare the disallow^ance and disappi'obatiou of the said two Acts ; 

and pursuant to her Majesty's pleasure thei-eupon, the said two 

Acts are hereby Repealed and declared null and void, and of none 

effect.* 

William Blatiiwayt. 

Ordered, that the afore mentioned Order be published by- 
Beat of Drum, <fcc. 

Edward Ayres' debenter for iron work at the Prison, am" 
to 3 : 11 : 3, was allowed and ordered to be paid in course 
out of the next Province Rate. 

* See said La-ws, pp. 226-228, of this volume. 



286 PROVINCE OF NEW-HAMPSHIRE. [1704. 

Mr. Samuel Penliallow liis debenter, amno 8^" : 3" : 0", for 
provisions for soldiers and necessaries for the fort, and 
allowed and ordered to be paid out of the 700""^ Rate. 

The following Acts having past both Houses were con- 
sented to by his Excellency and by him signed accordingly: 

An Act for raising 700"^'* ; An additional Act of the 
militia. 

Prorogued until Wednesday the 26"' Jidy, 1704. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday, 
the 9^^^ August, 1704. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
John Hinkes, ) -^ George Jeffrey, ) ^ 

John Gerrish, j ^^^^^' Sam' Penhallow, j "^^'l^®* 

John Plaisted, Esq. 
His Hon. the Lieut. Governor communicated to this 
Board his Excellency's the Governor's Letter dated the 1^' 
August, 1704, signifying that he intends to be here on the 
10"' instant to see the Assembly and the Court, and desires 
that the Judges be directed to adjourn the Court from day 
to day till his coming, &c. 

It is the opinion of this Board that, whereas it is no 
prejudice to her Majesty's interest, but an ease and benefit 
to her Majesty's subjects, that the Justices of the Superior 
Court of this Province be directed to adjourn said Court 
until Monday next, at two of the clock in the afternoon, 
expecting his Excellency's presence at that time. 

Richard Jose, Esq., High Sheriff, was sent as a message 
to the House of Representatives to call them up to this 
Board, who accordingly came. 



170-1.] JOURNAL OF COUNCIL AND ASSEMBLY. 287 

[p. 1G2.] And his Hon'' tlic Lient. Governor was pleased 
to adjourn them in these words ; 

Pursuant to his Excellency's Letter dated the 1'' August, 
1704, for adjourning the General Assembly of this Provinco 
for two days, I do therefore in her Majesty's name adjourn 
the said General Assembly till Friday next ten of the clock 
before noon, and accordingly the said General Assembly 
are herel)y adjourned till Friday next, ten of the clock 
before noon. 

Council adjourned till Friday next ten of the clock before 
noon. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, Friday the 11'*^ 
August, 1704. 
Present, 
The Hon. John Usher, Esq., Lieut. Governor, 
John Hinkes, Esq., Samuel Penhallow, Esq., 

John Plaisted, Esq. 
Mr. Sheriff was sent as a message to the House of Rep- 
resentatives for the said House to come to this Board, who 
accordingly came ; and his Honor was pleased to communi. 
cate his Excellency's Letter, dated the 0"^ instant, setting 
forth that he supposed the enemy to be in a body between 
Lancaster and Connecticut River, after whom he. bad sent 
800 men and hoped their good success, &c. ; and that the 
enemy was seen from Woodstock to Exeter, &c. 

Then his Honor the Lieut. Governor was pleased to 
adjourn the Assembly in these words : 

Pursuant to his Excellency's Letter, dated the 9*^ of 
August instant, for adjourning the Assembly of this Prov- 
ince for a week, I do therefore in her Majesty's name adjourn 
the said General Asseml^ly till Friday the eighteenth day of 
August instant, at ten of the clock before noon, and accord- 



288 PROVINCE OF NEW-HAMPSHIRE. [1704. 

inglj the said General Assemljly are adjourned until Friday 
next, ten of the clock before noon. 

[p. 163.] The petition of several sloop men was read at 
this Board setting forth that they were much prejudiced by 
the Imbargo, &c. ; as appears at large by said petition, upon 
file, <tc. 

Ordered, that the Secretary make a copy of the said 
petition to be soiit to his Excellency by the petitioner to 
know liis pleasure therein, they paying the charge of the 
express. 

His Honor the Lieut. Governor having signified to the 
Council that his Excellency had wrote him the 9"^ instant 
to adjourn the Court for a week. 

It is the opinion of this Board that whereas the Superiour 
Court of this Province was adjourned until Monday next, 
two of the clock in the afternoon, that the same be further 
adjourned till Friday the 18'^ instant, ten of the clock before 
noon, whereof all persons concerned are to take notice and 
govern themselves accordingly ; And that the Secretary 
issue out proclamations to the several towns accordingly. 

Peter Coffin and John Plaisted, Esqrs., and Mr. Timothy 
Davis, having viewed and valued timber brought to her 
Majesty's fort by Thomas Westbrooke and Nathan Kuight, 
and valued the same at four pence half penny per foot at 
the landing place, by the fort, besides the charge of hauling 
it up, delivered an apprizement thereof unto this Board, 
and is upon file. 

This apprizement allowed 31*' August, 1701, By his Ex- 
cellency. 



170i.] JOURNAL OF COUNCIL AND ASSEMBLY. 289 

[p. 1G9.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj' on Wed- 
nesday the 23^^ August, 1704. 
Present, 
The Honorable John Usher, Esq., Lieut. Governor, 
John Hinkes, ) y George Jaffrey, I ^ 

John Gerrish, j ^^^^^- Sam' Penhallow, \ ^^^^^' 

John Plaisted, Esq. 
His Honor the Lieut. Governor sent Mr. Secretary Story 
to the House of Representatives to acquaint them that as 
they were adj*^ from time to time, they were qualified to 
consider of any thing which was laid before them at last 
sessions, where they had done nothing in, and that they 
might adjourn their House de die in diem, expecting Gov- 
ernor's arrival here. 
• Adj'' till two o'clock to-morrow. Post meridiem. 



[p. 170.] Province of New Hanjpshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment 
on Thursday, the 24"' August, 1704. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
John Hinkes, J George Jaffrey, ) 

Robert Elliott, V Esqrs. Sam' Penhallow, i Esqrs. 

John Gerrish, ) John Plaisted, ) 

His Excellency the Governor sent a message for the 
House of Representatives to come to this Board, who ac- 
cordingly came, and his Excellency then made the following 
Speech, in hsec verba : 

Gentlemen : — 

Since your last session, you have the issue of our Eastern Expe- 
dition, where our forces have very successfully proceeded to the 
destruction of the French settlements in all the parts of Acadia 
19 



290 PROVINCE OF NEW-HAMPSHIRE. [1704. 

and Nova Scotia, so that there is nothing left out of the sigiit of 
PortRoj^al; and in other parts where the Gai'risons and inhabit- 
ants have kept good Avatches, we have lost notliing. The last 
appearance of the French and Indians was at Lancaster, where we 
were so ready for them that one Bellv full of Beef has cost them 
three months' Expedition, and they have made no impression upon 
the least Garrison there ; and by these means the intended expedi- 
tion from Quebeckupon tliis Province has been diverted, for wliich 
we have gi-eat reason to thaidc Almighty God. 

I am glad to lind you in soe good a position in your frontiers,* 
and the forwardness of the works of the fort, where if the cost be 
a little more than was expected the view of the works will ansAver 
it to every skillful man. [p. 171.] I shall direct the charge there 
to be laid before you, and the present state of your Treasury, 

I am obliged to tell you, the Assembly of the Massachusetts have 
earnestly addressed me, that this Province may do their just share 
in the present War as judging the service to be equal and in com- 
mon, and that this Province has not been equally charged hitherto, 
which is altogether just it should be so ; in the mean time, I am 

*Proviiice of New Hampshire. 
An Act for the better enahJhig the Inhabitants to pursue the Enemij in the Winter season. 

[Seal.] Be it enacted by his Excellency, the Gov'r, Council ami Representatives 
conveuoil in General Assembly, ami it is hereby Enacted by the Authority of the same, 
that every Householder within the several Towns of this Province, shall provide, at 
bis or tlieir own jiroper charge, one gypd pair of snow shoes and mogasheens,t and have 
them in their proper custody at or before tlie last day of November next ensuing, on 
penalty of a fine not exceeding tenn sliillings, to be leveyed by distress of tlic ottend- 
er's goods by a warrant from' the several Captains directed unto the Clerk, which 
money soe taken shall be laid out, or soe much of it as will purchase said shoes 
and mogasheens; the overplus, if any there be, together with the shoes and moga- 
sheens when all charges is paid, shall be delivered to such persons from whome such 
fines shall be taken. 

Be it further enacted, by the Authority aforesaid, that every Householder shall, on 
penaltv i>f a fine not exceeding live shillings, keep the said snow shoes and mcgasheens 
continually in good repaire; and if at anytime the said shoes shall be improved in 
proceeding after the enemy, and wore out or damaged, such shoes and mogasheens 
shall be repaired and made goo<l at the province charge, and to be delivered to the 
owners, who is hereby in.joyued to keep them continually in good repaire during the 
present Warr with the French and Indian enemy. 

J3ee it farther enacted, by the Authority atbresaid, that when there shall be a neces- 
sity of sending forces out Ag't the enemy, the Captains in the sever.al Towns are hereby 
impowerod to order his or their clerk to demaml soe many of said snow shoes and 
mogasheens of the severall Inliabitaiits within their precincts as need shall require, 
an(l whosoever shall ncLjlect or refuse to deliver the said shoes or mogasheens, shall 
pay a line of eii,'lit shillings to be taken by the Captain's warrant directed to the Clerk, 
by dis'.raiut on such delin(iuent's estates, and disposed of as other lines soe taken are; 
Provi/lei! iilw.iys, that it shall be in the power of two Justices of the Peace in each 
Town, to exeuipt all i)oor widdows from the burthea of this Act, upon application to 
them made. 

23d Aug"t, 1701. This Bill was read three several times and past by the Council to 
be enacted and sent down to the House of Representatives for concurrence. 

Cha. Story, Secretary. 
Eodem die. 

Past by the Assembly, who desires this Bill maybe enacted, his E.xcellency consent- 
ing thereto. 

John Pickeuin, Speaker. 

I essent to the Enacting this Bill. 

J. Dudley. 

t Modern spelling— jl/occaains.— Web. Die. 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 291 

the more surprised to lind that any of us are impatient of the 
present charge of the expences at the fort, and otherwise, when 
truly we haA'e not yet raised the quarter part of our just quota 
with our neighbors. 

I know no better article for the advancement of the Revenue 
than that of hmiber, Avldch was no hard thing these two last years 
when they were below twenty shillings the thousand; now they 
are almost double that price they will better bear it, and I am to 
tell you that laying of that tax is very well taken by the Eiglit 
Honorable the Lords Commissioners of Trade and plantations, 
who are the best judges of our aftairs. If the Assembly will re- 
vive it for one }■ ear more I shall represent it well to her Majes- 
ty, and judge it the most equal and easy method, and shall take 
care it be better collected than heretofore. 

I am sorry to be acquainted that under all our hardships from 
the enemy we cannot be at peace amongst ourselves ; the late riot 
of Hampton, of which I am acquainted since my coming, will be 
of ill consequence to us unless prevented by just and severe pun- 
ishment, which I liope her Majesty's Justices of the Supei'iour 
Court will not fail of. 

[p. 172.] At the last session of the Assembly there was a com- 
mittee of both Houses directed to consider and provide a proper 
reception for the Lieut. Governor, which was since proposed by 
the Council to effect, until the coming of the Assembly ; which 
provision is now expii-ed, and I must now again recommend to 
you that it may be done to effect, lest the Government be retiected 
upon as neglecting their duty therein. 

Since I have been in Command here I have sincerely intended 
the service of the Province, and her Majesty's honor in it, and 
shall continue to do my duty and expect your assistance in every 
thing relating to the service, and trust in the favor of Almighty 
God for your preservation in the present troubles. 

His Honor the Lt. Governor acquainted his Excellency 
that his occasions, suffering much by reason of his long 
absence, called him abroad for twenty days' time, upon ur- 
gent business: Therefore desire his Excellency would 
grant him liberty to be absent out of the Province for said 
time. 

His Honor the L* Governor's debenter, amounting to 4, 
19, 6, for several journeys to the several Towns of this 



292 PROVINCE OF NEW-HAMPSHIRE. [1704. 

Province, for settling matters about imprest men and pro- 
visions, and for boards and shingles at the fort, and for 
oyle 'and coloring for the fort, &c., was read at this Board, 
allowed and ordered to be paid out of the Treasury. 

Sam' Penhallow, Esq., his Debenter, am" to 45, 00, 
10, for beds and bedding for the soldiers at the fort, for a 
Union Flag and other things for said fort, was read at this 
Board, allowed and ordered to be paid out of the 700"^^ 
Rate. 

[p. 173.] The Governor gave the Judges of the Superiour 
Court present at the Board notice of the Riot at Hampton, 
and set forth the aggravation thereof, that it should be 
committed by so great a number as twenty men, in the 
time of War, and under pretense of an order of the se- 
lectmen, as I am told, where her Majesty had so lately 
made void that Act, and her Majesty's pleasure therein 
having been published in the General Assembly, which 
contempt had aggravated the Riot, and therefore directed 
them to use all possible methods for their conviction and 
just punishment. 

Adj'' till 9 o'clock to-morrow morning. 



Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj' on Fri- 
day, the 25'" August, 1704. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, &c., 
The Hon'''*' John Usher, Esq., L' Governor, &c., 
John Hinkes, ) John Gerrish, J 

Rol^ert Elliott, [ Esqs. Sam' Penhallow, J Esqs. 
George Jaffrey, ) John Plaisted, ) 

The petition of Elizabeth Scott w\as read at this Board, 
setting forth that Samuel Penhallow and Thomas Phipps, 
Esqs., two of her Majesty's Justices in this Province, had, 



170-i.] JOURNAL OF COUNCIL AND ASSEMBLY. 293 

contraiy to Law, proceeded in a case against her, Arc, as 
upon file. 

[p. 174.] Ordered, That Mr. Penhallow and Mr. Phipps 
have a copy of said petition, and there be a hearing of said 
petition on Monday next at tlie Council Board, 3 o'clocl?:, 
post merediem. 

The petition of Francis Jennings was read at this Board, 
signifying that Nathaniel "Weare and Henry Dow, Esqs., 
prosecuted the said petitioner for defaming and vilifying 
them, etc., in the year 1802-3, and could not make out their 
complaint, etc., therefore petitions for charges. 

Ordered, that the petitioner ap])car at the Council Board, 
on Monday next. Three of the clock in the afternoon, and 
that Capt. Dow and Mr. Weare be notified to appear at 
said time. 

2\.dj'' till to-morrow morning, 9 o'clock. 

26'^ ditto. Met, and adjourned till to-morrow morninu', 
9 o'clock. 

27"' ditto. Met, and adjourned till to-morrow mornino- 
9 o'clock. 



[p. 175.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth Ijy adj' on Mon- 
day, the 28"^ August, 1704. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
John Hinkes, ^ George Jaffrev, ~^ 

Robert Elliott, I ^ Nath' Weare, " I -^ 

Peter Coffin, f ^'^'' 8am' Penhallow, f^*'!'- 
John Gerrish, J Henry Dow, J 

John Plaisted, Esq. 
The House of Representatives sent up to this Board an 
answer to his Excellency's Speech in ha3C verba : — 



204 PROVINCE OP NEW-HAMPSHIRE. [1704. 

Ma 11 it 1)1 ease your Excellency : 

The Represcntiitives of tliis her Majesty's Province, convened 
in General Assembly, do with all humble gratitude acknowledg-e 
your Excellency's constant care and concern for the defense of 
her ^Majesty's Province, under }-our Governments, and are abun- 
dantly satistied with what your Excellency has been pleased to 
acquaint us with, of the success of the late Eastern Expedition, 
and particularly of the defeat of so numerous a company of the 
enemies at Lancaster,* which next to Divine Providence must be 
attributed to your Excellency's prudent care and conduct in send- 
ing forces so seasonably to those frontiers, and we have no cause 
to doubt of the continuance of your Excellency's care over us for 
the defense of this her Majesty's Province, for which we shall be 
always ready to give our assistance, according to the utmost ca- 
pacity of the poor distressed inhabitants thereof. The Great 
Charge of the Fort lies hard upon us, for besides the five hundred 
pounds raised by the Assembly, for reparation thereof, we are 
o-iven to understand that sum is lUDre than double by the constant 
attendance of soldiers and Laborers, imprest [p. 176.] from the 
several Towns for that service, whereby our strength in the fron- 
tiers is so much lessened, and we thereby exposed to the enemy, 
when all the time the poor inhabitants have to spare from watch- 
ing, warding and scouting is too little to get bread for their fanii- 
lie-^. which neither can tliey do but with the utmost hazard of 
tlicir lives. 

A^ to bearing an equal proportion of the charge of the war, 
with our neighbors of the Province of the Massachusetts, we 
w.)uld pray our difierent circumstances might be considered. The 
bulk of that Province being out of the reach of the enemj-, and 
no otherwise airccted by the war then only to pay their propor- 
tions of the charge : Whereas this Province is wholly frontiers, 
and in equal danger with the Eastern frontier of that Province, 
(viz.) The Province of Maine, who besides the advantage of 
three or tV)ur regular companies for their constant defense are also 
very much abated of their proportion in their Rates and Assess- 
ments made for defraying the public Charge. 

Also licviveing the Lumber Act we find it not to answer tlie pro- 
posed end, it also bearing so hard upon those concerned in Lum- 
ber, but are willing that all public charges arising in this Province 

* N'OTE. " Oil the STth of July the French aiKl Indians furiously assailed the town 
of Lancaster (Ms); killed a few and obliged the rest of the Inhabitants to retreat 
into ;,'irrison; burned the churoli and six other buildings and destroyed many cattle.' 
— Holmes A in., 1704. 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 295 

shall be defrayed by Rate, on Poles and Estate, which wc shall be 
ready from tune to time to do oiir duty in, according to the neces- 
sities of the Provi.nce and the abilities of the poor inhabitants 
thereof; but at pi-esent pray it may be considered how. our people 
have been falecuiged* by their service at the fort, and that the 
seven hundred pounds last ordered to be raised is yet to be col- 
lected. 

As to the late Riot at Hampton, which your Excellency is 
j)leased to mention, Ave can say little to it, only by Vv^ hat we have 
heard we believe the matter is aggravated to your Excellency ; 
however, we understand the persons concerned are [i*. 177.] un- 
der prosecution, and we hope that those who are found guilty will 
be punished according to their demerits. 

As to Lodgings for Lieut. Governor L'sher, we only say : Tliis 
Province never yet allowed anything to a Lieutenant Governor as 
he well knew during liis former residence here, and might ration- 
ally expect no other at his return, esiiecially considering we are 
now in a far worse capacity than formerly, and unable to support 
the more necessary charge of defending this her Majesty's Prov- 
ince against the French and Indian Enemy. 

Augt 23"!, 1704. ■ Past by this House. 

Makk Hunking, Clerk. 

His Excellency ordered that the Secretary give notice to 
the Clerks of the Superiour and Infcriour Courts, that they 
make out an Account of all their causes heard and deter- 
mined in their several Courts from the last time they sent 
account to his Excellency, and write the same fare and send 
them to Secretary Addington to be delivered to his Excel- 
lency in order to be sent to England. 

The snow shoes lately in Mr. Jaftrey's hand delivered 
him by the Exeter men who were sent to Capt. Chisley, 

Ordered, that the same be forthwith delivered back again 
by said Capt. Chisley in order to be sent to the said Exeter 
men. 

Mr. Sheafe, Deputy Collector, appeared at this Board 
and gave in a memorial relating to the smallness of his 
fees, and an addition to be made for the encouragement of 

* Deceived, ilisaripointed. 



296 PROVINCE OF NEW-HAMPSHIRE. [1704. 

her Majesty's service, and also delivered in a table of fees 
belonging to his place. 

[p. 178.] A vote was brought up to this Board from the 
House of Representatives to pray his Excellency to send 
twenty friend Indians to scout, &c., in this Province, and 
that they shall be paid and subsisted at this Province 
charge, &c. 

Ordered, that Mr. Treasurer, with the advice and assist- 
ance of the members of the Council at New Castle, do 
forthwith hire two rooms at New Castle for the reception 
of the Lieut. Governor, the rent not exceeding ten pounds 
per annum. 

Ordered, that the Treasurer pay to the Attorney General 
eight pounds for his attendance at the last Superiour Court, 
being specially directed so to do by the Governor, upon her 
Majesty's affairs there depending. 

Ordered, that the Treasurer with all possible speed pay 
the officers and soldiers tlieir salary and wages due to them 
to the IT*'' May last past, out of the TOO"'^ Rates. 

Samuel Penhallow, Esq., Treasurer, his ace" of his pay- 
ments and disbursements for the year 1704, was read at 
this Board and allowed and signed by his Excellency. 

Adj'^ till to-morrow morning, 10 o'clock. 

29"' August, 1704. Met, and adj'' till to-morrow morning 
10 o'clock. 

[p. 179.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj' on Wed- 
nesday the 30"^ August, 1704. 
Present, 
His Excellency, Joseph Dudley, Esq., Governor, 
John Hinkes, ^ George Jaifrey, ^ 

Peter Coffin, S Esqs. Sam' Penhallow, > Esqs. 
John Gerrish, ) John Plaisted, ) 

Mr. John Hinkes' Debentcr, Am° to 20"^% 5% 2^ being 



i70i.] JOURNAL OF COUNCIL AND ASSEMBLY. 297 

formerly allowed and not entered in the minutes of Coun- 
cil, now allowed, and ordered to be paid in course out of 
the public tax of this Proyince. 

Ordered, that the Treasurer forthwith buy a Ream of 
good paper, for the use of this Board, and deliver the same 
to the Secretary for that purpose. 

John Walker's Dcbenter, am" to 2, 15, 0, for summon- 
ing the Council, impressing of Horses, tfcc, allowed to be 
paid in course. 

Elisha Bryer's debenter, am" to V^% 10, O,for attending 
the Council as door-keeper, &c., allowed to be paid in 
course. 

Zachary Trickey's debenter, am^ to 1, 13, 8, for fer- 
riage for soldiers, &c.. Allowed to be paid in course. 

Job Alcok his debenter, am" to 1, 8, 2, for oars for her 
Majesty's service, allowed to be paid in course, cfec. 

John Partridge debenter, am" to 10% 6'% for ferriage for 
soldiers, &c"., allowed to be paid in course, &c. 

Peter Coffin and John Plaisted, Esqs., their dclienters, 
am" 1"', 8% 0'\ for expcnces and for their time in apprizing 
Timber brought for her Majesty's fort, allowed to be paid 
in course, <fec. 

[p. 180.] Edward Polly, his debenter, amounting to 8, 
6, 8, for riding post for her Majesty's service, allowed to 
be paid in course, &c. 

Thomas Greely, his debenter, am° to 10% for imprest 
horses, allowed to be paid in course, &c. 

The petition of Col. Samuel Allen was read at this 
Board in ha3c verba, himself being present : — 

To his Excellency Josepli Dudley, Esq., Capt. General and Gov- 
ernor, &c., of her Majesty's Province of New Hampshire, &c. 
The petition of Samuel Allen, Esq., Proprietor of said Province, 

Humbly slieweth, That your petitioner, having- sundry Actions 
depending in several of her Majesty's Courts of Judicature, 
whereui he must make use of several Records of Judgments Ob- 



298 PROVINCE OF NEW-HAMPSHIRE. 1704,] 

'taiiied formerly by Ms predecessor Mason against several persons 
of the Province ; And having made application to Samuel Penhal- 
low, Esq., the Recorder of this Province, for the said Judgments, 
ui)on searching the Book of Ilecords for that purpose, tlie judg- 
ments are found to be cut of the Books, and so your petitioner 
greatly prejudiced and abused thereby. "Wlierefore, 

Your petitioner humbly prays your Excellency to take the 
premises into your wise and just consideration; And if it be pos- 
sible, some w^ay to relieve your petitioner therein ; and your peti- 
tioner as in duty bound, shall ever pray, &c. 

Samuel Allex. 

The Gentlemen of the Council were enquired of how the 
Records of the Province had been kept; And it appeared, 
that the Books of Records were begun l)y Richard Cham- 
berlain, Esq., Secretary of the Province, wlien Governor 
Cranfield arrived, The first Governor of this Province from 
the Crown [p. 181.] of England, in the year 1682 ; who 
held them until the time of the Revolution, when they were 
taken from him by Capt. John Pickerin, in the year 1G80, 
and were by him delivered to Henry Penny by order of L' 
Governor Usher, in the year 1601, and from the said Penny 
they were delivered to Thomas Davis, Secretary of the 
Province in the year 1693, liy order of Governor Allen, and 
from him removed to William Rcdford, by order of Lieut, 
Governor Usher, in the year 16U5. 

And from the said Redford they were delivered to Major 
William Vaughan in the year 1697, by order of the As- 
sembly and L' Governor Partridge, and from him to Mr. 
Samuel Pcnhallow, in the year 1702, by order of the As- 
sembly and L* Governor Partridge, where they now are. 
The said Pcnhallow presenting the Book of Records, con- 
taining a Journal of the Courts from the year 1682 and 
continues to 1684, There was found twenty four leaves 
taken there out ; where upon ]Mr. Pcnhallow was examined 
and gave the following oath : 

Mr. Pcnhallow made oath in Council that he received the' 
Book now showed (out of which twenty four leaves are cut) 



1704.] JOURNAL OF COUNCIL AND ASSEMBLY. 299 

aud all other the books of Records, from Major Yaiighan, 
in the month of June, in the year 1702, in such form as 
they are now kept, and particularly the Book shewed in 
Council, out of which twenty four leaves are cut in the same 
manner as it is now seen, and that they have been carefully 
kept. 

And thereupon it was further ordered that Mr. Pcnhallow 
do attend at the office where all the other Records of this 
Province are kept at such times and hours as Mr. Allen 
shall desire, giving notice thereof tlie day before, that the 
said Mr. Allen may further search the Records for what 
papers or instruments or writings may any wise concern 
his affairs in this Province. 

[p. 182.] Richard Jose's debenter, am"* to 2 : 14 : O,for 
his attendance on his Excellency and Council, allowed and 
to be paid in course. 

Upon the repeated petition of John Partridge, referring 
to ninety eight pounds, eighteen shillings, due from the 
Province of the Massachusetts and this Province for ex- 
pences and subsistence of wounded men, &c., as appears by 
the several petitions. 

Ordered that the Treasurer do forthwith account with the 
said John Partridge what has been by the Assembly allowed, 
and pay him the remainder of forty eight pounds, eighteen 
shillings, and take a receipt for the same, and give him a 
certificate under the said Treasurer's hand, that he lias paid 
him the said sum of forty eight pounds eighteen shillings, 
that he may there liy be enabled to receive his just due from 
the Province of the Massachusetts, agreeable to the order 
made referring to this matter by the Assembly there. 

Ordered, that William Cotton and James Randle Report 
the damage done to Captain Hunkins' marsh, by digging 
sods there for the repair at the fort at New castle, and that 
the same be paid by the Treasurer. 

Ordered, that Colonel Romer within ten days next com- 



300 PROVINCE OF NEW-HAMPSHIRE. [1705. 

ing perfect his accounts of Expences at the fort, that they 
may be showed m Council. 

In answer to the petition of Cross and Phillipps, soldiers 
at the fort at Nca^ Castle, there remaining a difference be- 
tween John Hinkes, Esq., late Captain of the said fort, and 
the said Cross and Phillipps, wherein also Mr. Treasurer 
Penhallow is concerned, 

[p. 183.] Ordered, Richard Waldron, Esq., and George 
Jaffrey, Esq., arc appointed a Committee to hear, adjust, 
and determine those accounts ; and Mr. Hinkes and Mr. 
Penhallow hath submitted to their determination, and will 
thereupon forthwith settle the matter with the petitioners, 
and to make just report if any thing be found due. 

The several Bills following have been three times read, 
and passed both Houses, were consented to by his Excel- 
lency, and by him signed accordingly, viz : 

A Bill for enabling the inhabitants to pursue the Enemy 
in the winter season. 

A Bill for regulating the measures of Boards, Joists and 
plank. 

Prorogued till Wednesday, the 22'' Xovember next, 170-i. 



[p. 184.] Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth l^y prorogation, on 
Wednesday the 21"' January, 1704. 
Present, 
George Jeffrey, Esq., Sam' Penhallow, Esq. 

Mr. Speaker and the Clerk pro tempore of the House of 
Representatives, came up to this Board, and acquainted 
them that they had adjourned their House till Wednesday, 
the 31*^* January, instant. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 301 

At a Council and General Asscmbly 
held at Portsmouth by adjournment, 
on Wednesday the 31®' January, 1701. 
Present, 
John Hinkes, Esq., President, 
Robert Elliott, } ^^ ^. 
George Jaffrey, \ ^^ 
Mr. Speaker and the clerk of the Assembly came up to 
this Board, and acquainted them that they had adj*^ their 
House till Wednesday, the 14"' of February next at 12 of 
the clock at noon, and accordingly this Board is adj'' till 
said day and time. 



[p. 185.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Wed- 
nesday the ll'"^ of February, 1704. 
Present, 
The honoralile John Usher, Esq., L* Governor, 
Peter Coffin, ) -^ Sam' Penhallow, ) -n, 

George Jaffrey, \ ^^'^''^- Henry Dow, \ ^^'l''^' 

Ordered that the Secretary issue forth proclamations to 
the several towns of this Province, that no person what- 
soever do harbor, entertain or conceal any person or mariner 
that hath deserted her Majesty's service from on board her 
Majesty's ship The Advice, Capt. Salmond Morris com- 
mander, on penalty as the Law in such cases directs ; And 
that all Justices, &c., and all her Majesty's sulyects within 
this Province, be aiding and assisting unto the said Capt. 
Morris for the seizing or apprehending of such persons so 
deserting her Majesty's service, as aforesaid. 

Mr. Thomas Packer's deljenter, being signed by his Ex- 
cellency, for public entertainment of himself, Council and 
his attendance, in May, 1704, am° to five pounds, allowed 



302 PROVINCE OF NEW-HAMPSHIRE. [1705. 

and oriToi'cJ to be paid in course out of the next Province 
Rate. 

Mr. Thomas Packer's Debentcr, being signed by his Ex- 
cellency, for puljlic entertainment of himself, Council and 
his attendance, in August last past, 1704, am" to three 
pounds, was allowed and ordered to be paid in course out 
of the next Province Rate. 

His Hon'' the Lieut. Governor sent Mr. Secretary Story 
to the House of Representatives to communicate his Excel- 
lency's, Joseph Dudley, Esq., Governor, &c., his Letter, 
[p. 186.] dated Boston, the 9"' of February, 1704, for the 
adjorning the said House till the 15"' ]\[arch next, not per- 
mitting them to do any thing ; and accordingly said Letter 
was communicated. 

Colonel Romer's Debenter, relating to his own particular 
disbursements on several occasions for reforming and 
strengthening the fort, W™ and Mary, at Newcastle, was 
read at this Board, am" to twenty pounds, one penny ; 
Allowed said account excepting two articles, viz : 
One for sending upon urgent occasion Mr. John 

Bickford, Express for Boston, to his Excellency, 

charged, . . . . . . .1:5:0 

2'', To the Constable that brought Xath^ Weare 

from Hampton, for his fees, . . . .0:5:0 



1 : 10 : 



Sum allowed to be paid, . . . 18 : 10 : 1 
Mem'\ the above Debenter was ordered to be given Colonel 
Romer to be by him lodged with the Treasurer, which ac- 
cordingly was delivered by said Romer. 

Mr. Secretary was sent down by the Hon'''° the Lt. Gov- 
ernor, to adj" the Assembly to the 15"' day of March next, 
pursuant to his said Excellency's letter before specified, and 
accordingly the said Assembly were adjourned till Thursday, 
the 15'" day of March next, 1704. 

Met, and adj^^ till the 16"' instant, at 10 of the clock, ante 
meridiem. 



1705.] JOURNAL OF COUNXIL AND ASSEMBLY. 303 

Met, and adj'^ till the W inst., 12 of the clock. 
Met, and adj^^ till the 20"^ iust. 

Met, and adj'^ till the 23'^ April, 10 of the clock, ante me- 
ridiem. 



[p. 187.] Province of New Ham]).shire. 

At a Council and General Assembly 
licld at Portsmouth by adj', on'Monday 
the 2;^'' April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, etc., 
Robert Elliott, | ^^ _ Henry Dow, ] y^ 

George Jatfrey, ) '^ 1 ' • Sam' Penhallow, ij ^ 1 ' 

His Excellency was pleased to send Mr. Secretary Story 
to call the House of Representatives to this Board, who 
accordingly came, and his Excellency was pleased to make 
the following speech, in hose verba sequen : 

[Copied from MS. YoL Gov. Speeches, &c.] 

Portsm", 23 April, 1705. 
GentJanen: — 

I am glad to meet you after an Eight months' recess, during 
which time by the blessing of Almighty God upou ovir endeavours, 
wee have had no inroad of the enemy, but And them drawn off to 
a great distance to secure themselves from the danger of being 
found by our forces, who have sustained very long and hazardous 
marches in the winter, to their own honor and our great beneiitt; 
and must be now justly paid and rewarded. I shall lay before you 
the Muster Rolls of the several parties, signed by my selfe, as I 
ought, and expect they be speedily paid, that they may be the more 
chearfull in the service for the future. 

I am alsoe glad to finde the works of the fort in soc good a for- 
wardnesse ; you shall have the past charge of that laid before you ; 
and the season of the year allows us now to jiroceed to finish what 
remains, which alsoe demands a small Garrison for six months 
next coming, and must be provided for. 

I have directed the Treasurer to lay before you the ])rescut state 
of the Debts, for vrhich you must immediately lu'ovide, othenvise 
our creditt will be lost; to which you must add considerably for 



304 PROVINCE OF NEW-HAMPSHIRE. [1705. 

the charge of the yeai- current, for your quota of forces for a sum- 
mer expedition ; soe that I hope by the blessing of God upon the 
couragable Resohition of her Majesty's good subjects of both these 
Provinces, not to lett the enemy rest while they are within our 
reach, and possibiletye to sustain a march after them. 

I do not doubt of your chearfull sujjply in these articles, neces- 
sary for her Majes'y^ honour and your owne safety ; and the sooner 
you please to dispatch them, the more early you will have the 
advantage to have the session ended. 



[p. 188.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj*, on Tues- 
day the 24''^ April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fec., 
John Hinkes, ^ Sam' Penhallow, ^ 

Robert Elliott, > Esqrs. John Plaisted, \ Esqrs. 

George Jaffrey, ) Henry Dow, ) 

Adj'^ till to-morrow morning, ten of the clock. 



[p. 189.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj*, on Wed- 
nesday the 25*'' April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Hinkes, 1 George Jaffrey, ^ 

John Gerrish, > Esqrs. Sam' Penhallow, S Esqrs. 

Robert Elliott, ) John Plaisted, ) 

Henry Dow, Esq. 
A vote was sent up to this Board from the House of Rep- 
resentatives, that an Act may be past for Reviveing the act 
of Impost and Excise, &c., upon all Wines, Brandies, Rum 
and other Goods Imported, &c., for one year, to commence 
from the last day of July next. Vote upon file. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 305 

Consented to by the Governor and Council, and ordered 
that the Secretary draw a Bill accordingly. 

The memorial of Richard Jose, high Sheriff of said Prov- 
ince, relating to the insufficiency of the Goal of this Prov- 
ince, several prisoners having made their escapes thereout, 
read at the Board, and on file. 

Ordered, that John Plaisted, Esq., and Mr. John Pick- 
ering, be appointed a committee to view the said Goal and 
forthwith make report to this Board of what may be neces- 
sary to be done for making the said Goal sufficient and 
strong, whereby prisoners may not escape, and what the 
charge of so doing may amount unto. 

A bill was sent up to this Board for settling a salary of 
one hundred and sixty pounds per annum upon his Excel- 
lency Joseph Dudley, Esq., Governor, &c., during the 
Queen's pleasure, to continue the said Colonel Dudley's 
Government, &c., was read three times at this Board and 
ordered to be engrossed. 

Adj"^ till ten o'clock, ante meridiem. 



[p. 190.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmoutli by adj', on Thurs- 
day the 26"^ day of April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, etc., 
John Hinkes, J Sam' Penhallow, ) 

John Gerrish, V Esqrs. Henry Dow, [ Esqrs. 

George Jaffrey, ) John Plaisted, ) 

Mr. Nathaniel Hill, one of the House of Representatives, 
brought up the following vote, in hoec verba : 
Whereas, his Excellency, our Governor, this day was pleased 
to communicate unto the Representatives of this Prov- 
ince the consideration of the state thereof, referring to 
M'' Allen's claim, and that there was a fair opportunity 
20 



30G PROVINCE OF NEW-HAMPSHIRE. [1705. 

of ending of all differences thercaljout, left the same to 

their consideration : — 

Voted, That the Constables of each Town within this 
Province be forthwith required to convene the freeholders 
of their respective towns to meet at their usual places of 
meeting, on Monday the thirtieth of this instant, by ten of 
the clock in the forenoon, then and there to make choice of 
two of their principal freeholders of each town, with full 
power from themselves and their community, to meet at 
Portsmouth, on Tuesday the first day of May, by twelve of 
the clock that day, to join with the representatives of this 
Province as a committee to discourse, debate and determine 
what may be most advantageous for the benefit of this 
Province, relating to Mr. Allen's claims of the same. 

April the 25''^, 1705. 

Past by the House of Representatives. 

Sam'l Keais, Clerk. 
Eodem die. 

Consented to by his Excellency and Council. 

Cha. Story, Secretary. 

Adj'' till to-morrow morning, 10 of the clock. 



[p. 101.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
the 27*^ April, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Gerrish, ) ^ Sam^ Penhallow, \ ^ 

George Jaffrey, \ ^^'^'^- John Plaisted, j ^^^''• 

Henry Dow, Esq. 
Samuel Penhallow, Esq., his deljenter, amounting to four 
pounds, seven shillings three pence, for fire wood and paper 
for the secretarys and other pul^lic disbursements, allowed 
and ordered to be paid out of the Treasury in course, &c. 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 307 

Adj'' till to-morrow, 10 of the clock, ante meredicm. 
Met Saturday the 28'^, adj;' till Tuesday next, 10 o'clock, 
ante merediem. 



At a Council and General Assembly 
held at Portsmouth by adj', on Tues- 
day, the first day of May, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
John Gerrish, j ^ Sam^ Penhallow, ) -^ 

Geo. Jaffrey, ) ^ ' John Plaisted, j ^ ' 

Henry Dow, Esq. 
Col. Romer was sent for to this Board to settle his ac- 
counts aljout reforming her Majesty's fort, W™ and JMary ; 
and accordingly Colonel Romer delivered in his accounts to 
this Board. 
Adj*^ till to-morrow morning, 10 of the clock. 



[p. 192.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Wed- 
nesday the 2*^ day of May, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c.-, 
Peter Coffin, ) George Jaffrey, ] 

John Gerrish, > Esqrs. Sam' Penhallow, > Esqrs. 

Robert Elliott, ) John Plaisted, ) 

Henry Dow, Esq. 
John Walker, his debenter, amounting unto 2"' : 1' : 0**, 
for his attendance upon the Council, and pressing of men 
for her Majesty's service, allowed and ordered to be paid in 
course, &c. 

Upon reading the petition of the inhabitants of Kingston, 
praying to return, &c., 

Ordered, that the petitioners have liberty to return thither 
at MLchailmas,* provided they be not less than thirty fami- 

*A festival of the Catholic church, celebrated September 29th. 



808 PROVINCE OF NEW-HAMPSHIRE. [1705. 

lies, that they lay out in the centre of their place a fort, and 
a Lot for the parsonage there, and that they settle an able 
Orthodox minister within three years next coming, and they 
have leave to renew their grant, with these conditions. 

Ordered, that the supply of the service of the War, for 
soldiers and other incidental charges during the recess of 
the Assembly, shall be made by the Treasurer, by warrant 
from the Governor and Council, and paid and answered to 
him out of the present tax, by warrant for the same. 

These two several Bills, having past both Houses, were 
consented to by his Excellency and by him signed accord- 
ingly : 

A Bill for settling a salary of one hundred and sixty 
pounds per annum upon his Excellency Joseph Dudley, Esq., 
Governor ; 

A Bill for continuing several Rates and duties of custom, 
Excise, Impost, <fcc. 

Adj"^ till to-morrow morning, 10 of the clock. 



[p. 193.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth by adj', on Thurs- 
day the 3-^ May, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c., 
Peter Coffin, ) George Jeffrey, "j 

Robert Elliott, [ Esqrs. Sam> Penhallow, > Esqrs. 

John Gerrish^ ) John Plaisted, ) 

Henry Dow, Esq. 
Mr. Secretary Story's debenter, am" to fifty nine pounds, 
eighteen shillings, for his service as secretary from the IT'*" 
May, 1704, to the 17"' May, 1705, being approved by the 
Assembly, was this day allowed by his Excellency and 
Council, and ordered to be paid out of the present Rate iu 
course. 



1705.] JOUENAL OF COUNCIL AND ASSEMBLY. 309 

Mr. Attkinsoii's debcnter, am" to 32'" : 7' : 10'^', for soldiers' 
wages, shallop hire, and material for the fort, was allowed 
and ordered to be paid in course. 

Mr. John Campbell his petition, relating to an encour- 
agmcnt for the Post Office, was this day read, and ordered 
that six pounds be paid him out of the next province Rate, 
for his Extraordinary Service in forwarding his Excellency's 
and the Government letters for her Majesty's service relat- 
ing to this Province, and to be in full for the year past and 
until the IS''' June next. 

Ordered, that Mr. George Jaffrey be appointed to audit 
the account of the Officers and soldiers at the fort for the 
two years last past, ending the 17"' May next, and make a 
true Muster Roll, and that the secretary give notice to the 
several officers and soldiers aforesaid, to bring an account 
of what is due to them to the said Mr. Jaffrey. 

Ordered, that Mr. Treasurer for the future pay orderly to 
the several creditors to the Treasury of this Province, that 
is to say, according to the several dates of the warrants, 
signed by the Governor in Council, except by express order 
of the General Assembly, or the Governor in Council, for 
special and immediate service of the Province ; — All other 
payments to be accounted disorderly, and shall not be 
allowed. 

Voted in Council. J. Dudley. 

Cha. Story, Secretary. 

[p. 194.] Mr. Jaffrey and Mr. Plaisted are appointed a 
committee to inspect and Audit the Treasurer's accounts, 
and to make the Defalcations ; Ordered, aiid they are to 
take care that there be no defalcation for more upon Beef 
and Boards than was bona fide received and paid upon the 
province Account. 

Mem'' : there is not to be allowed any defalcation in the 
payment of Beef to the soldiers of the Garrison or else- 
where, nor to laborers or handy crafts men, who are ordered 



310 PROVINCE OF NEW-HAMPSHIRE. [1705. 

to be paid as the provisions are set by the Assembly in the 
tax. Signed in Council. 

Per Order J. Dudley. 

Cha. Story, Secretary. 

Adj'* till to-morrow morning, 10 o'clock. 



Province of New Hampshire. 

At a Council and General Assembly? 
held at Portsmouth, on Friday the 
fourth day of May, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, &c,, 
Peter Coffin, J John Plaisted, j 

John Gerrish, > Esqrs. Sam' Penhallow, > Esqrs. 

George Jaifrey, ) Henry Dow, ) 

A Bill for raising of eight hundred pounds for defraying 
the public charge of this Province, being three times read 
and consented to by the Assembly, was past and enacted. 

Prorogued till Wednesday, the 25'^ of July next, 10 of 
the clock, forenoon. 



[p. 195.] At a Council and General Assembly, 

at Portsmouth, on Wednesday, the 25"' 

July, 1705. 
Present, 

Peter Coffin, ) George Jaffrey, J 

Robert Elliott, > Esqrs. Sam' Penhallow, \ Esqrs. 

Nath' Weare, ) Henry Dow, ) 

Additional instructions to his Excellency Josepli Dudley, 
Esqr., Capt. General and Commander in Chief, etc., of the 
Province of New Hampshire, in New England, in America, 
&c., was read at this Board, and ordered that the Secretary 
enter the same in the Council Book. 



1705.] JOUENAL OF COUNCIL AND ASSEMBLY. 311 

Ratification of the Act obliging the inhabitants of her 
Majesty's Province of New Hampshire to do Military service, 
vras read at this Board, and Ordered that the Secretary filter 
the same in the Council Book. 

Capt. Rednapp, her Majesty's engineer, was sent, fur to 
this Board, being asked if he had finished the brcacli of 
the two angles of her Majesty's fort, William and Mary, at 
Newcastle, and if lie had any occasion to complain for want 
of laborers or workmen ; Answered, he had finished what 
he was directed by his Excellency and this Board to do, and 
that he had been well attended with laborers and workmen. 

Ordered, that Capt. Walton, Commander of her Majesty's 
fort, William and Mary, fortliwith dismiss all the Quakers 
under confinement in the said fort, and signify the same to 
Capt. John Tnttle, of Dover, And that the said Quakers 
had done no duty at the said fort ; and that the Secretary 
issue forth an order to Capt. Walton accordingly. 

Pursuant to his Excellency's Letter of the 15'" July, 1705, 
signifying that the Secretary's defalcations upon Beef might 
be considered, and that IT'" : 14% being the remaining of the 
Treasurer's account, be Ordered to be paid the secretary, 
till a further consideration at his Excellency's next coming 
there. 

Ordered, that the Treasurer pay the Secretary the said 
17'" : 14% accordingly. 

Ordered, that the Treasurer deliver three barrels of Pow- 
der to Capt. Walton, which he received upon Tonnage of 
shipping for the Province use, and that the Treasurer take 
Captain Walton's receipt for the same. 

[p. 196.] L' Attkinson deP into this Board an account 
of all the guns, stores, &c., belonging to her Majesty's fort, 
W™ and Mary, as upon file. 

Samuel Penhallow, Esq., Treasurer and Commissary 
General, took the following Oath : 

That since the year 1699, he hath received of all ships 



312 PROVINCE OP NEW-HAMPSHIRE. [1705. 

or vessels coming into the Eiver the full duty of powder 
money or species, according to their Tonnage, and the Acts 
of this Province for such duty, excepting only the two Mast 
ships, who have several times been abated by Orders of 
Council, or excepting any other in the like nature. 

Upon the request of Robert Smart, son of Robert Smart 
of Exeter, in said Province, deceased, and reputed brother 
to John Smart formerly of said Exeter and late of New 
York, deceased, desiring to be so certified under the public 
seal of this Province, and several of this Board well know 
the same. 

Ordered, that the Secretary draw a certificate accordingly, 
to be signed by the first nominated person in the Council, 
and couiitcr signed by the Secretary, and to affix the public 
seal of the Province Thereto. 

Pursuant to his Excellency's Letter of the IT"" instant. 
Ordered that the Assemldy be prorogued till the first Wed. 
nesday in October next, and that the Secretary give notice 
to the Assembly accordingly. 



[r. 197.] ANNE R. 

[Duplicate.] Additional Instvuctiou to our Trusty and well beloved 
Joseph Dudley, Esq., our Capt. General and commander in 
chief of our Province of New Hampshire, in New England, in 
America; and in his absence to the Commander in Chief of our 
said Province for the time being. Given at our Castle at "Wind- 
sor the 17"^ day of July, 1704, in the third year of our Eeign. 
AV^hcreas by the third article of our Instructions to you, accord- 
ing to several Laws relating to the Trade and iiavig-ation of this 
our kingdom of England, and our colonies and plantations in 
America, You are requii-ed to take care and give in charge that 
no goods or commodities whatsoever be imported into, or ex- 
ported out of, our Province of New Hampshire under your gov- 
ernment, in any ships or vessels, but in such whereof the master 
and three fourths of the Marriners, at least, are English ; and 
whereas by a clause in an act past the last session of Parliament, 
entitled an act for raising recruits for the land foi-ces and mar- 
riners, and for dispensing- with part of the act for the encourage- 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 813 

ment and increase of shipping and navigation during the present 
■war (copy whereof you. shall lierewith receive), It is enacted 
tliat during the present war and no longer, Tlie number and pro- 
portion of niarriners to sail in sucli ships or vessels, whicli by laws 
now in force are limited to the master and three fourths of the 
Marriners to be English, shall be enlarged to the master and one 
moiety of the marriners at least to be English: It is our will and 
pleasure that you take care and give in charge to the proper 
officers that the said act be observed in our Province of New 
Hampshire, under your government, during this present war 
accordingly. A. It. 



[p. 198.] Copy of a clause of an Act past in the third year 
of her lyiajesty's reign, entitled, An Act for raising re- 
cruits for the Land forces and Marines, and for dispens- 
ing with part of the Act for the encouragement and 
increase of shipping and navigation during the present 
War : 

And whereas, by the Laws now in force, the navigating 
of shipps or vessels in diverse cases is required to be the 
master and three fourth part of the marriners at least being- 
English, under divers penalties and forfeitures therein cori- 
tained ; And whereas, great numbers of seamen are em- 
ployed in her Majesty's service, for the manning of the Royal 
Navy, soe that it is become necessary during the present 
war to dispense with the said laws, and to allow a greater 
numljcr of foreign marriners for the carrying on of Trade 
and Commerce : Be it therefor enacted by the Authoritye 
aforesaid, that during the present Warr, and no longer, the 
number and proportion of marriners to sail in such shipps 
or vessels, which by any law now in force are limited to the 
master and three fourths of the marriners to be English, 
shall be enlarged to the master and one moiety of the 
marriners at least to be English ; And that it shall and may 
be Lawful to and for the owner and owners of any such 
shipp or vessel to navigate the same with such marriners, 
whereof the master and one moiety of the marriners at least 



314 PROVINCE OF NEW-HAMPSHIRE. [1705. 

shall Lc English, without incurring any penal tye or forfeiture 
for so doing; and without subjecting the goods or merchandize 
loadeii on such ship or vessel to any other Customs, duties or 
payments than should have been paid for the same in case 
the same shipps or vessels had been navigated by a master 
and three fourths of the marriners being English, any former 
Law or statute to the contrary thereof in any wise, notwith- 
standing. 

[p. 1U9.] 22^^ November, 1705. The General Assembly 
met, and, pursuant to his Excellency's- Letter of the 16*'^ of 
November instant, the said General Asseml)ly were pro- 
rogued until the 29"^ day of November, at twelve o'clock. 

29'^ November, 1705. The Assembly met, and, pursuant 
to his Excellency's letter of the 26"^ November, they were 
prorogued to Thursday, the sixth day of December, at 
twelve of the clock. 

6'^' December. The Assembly met, Pursuant to his Ex- 
cellency's letter of the third of this instant December. 
The Assembly were prorogued till the thirtieth instant, at 
twelve o'clock. 



Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsm", by prorogation, the 
18*'' December, 1705, Ante Merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Peter Coffin, ) Sam' Penhallow, ) 

Robert EUott, [ Esqrs. John Plaisted, \ Esqrs. 

George Jaffrey, ) Henry Dow, ) 

The xVssembly being sent for to this Board, accordingly 
came, and his Excellency made the foil, speech : 

Gentlemen: — 

It is eight months since your last recess, diiriug: which time by 
the favor of Ahnighty God, the Province has beeu safe iu all parts, 



1705,] JOURNAL OP COUxXCIL AND ASSEMBLY. 315 

notwitlistauding- the scouts of the enemy look upon us everywhere. 
It is what I expected from the distance the Indians are now lodged 
from us ; And therefore I abated any standing forces and counted 
a small marching party for a short time sufficient; but our security 
this winter must depend upon a large circular march once amontli 
at least, for which I shall give speed)^ order; And if the ordinary 
marches of the forces in the Province of Maine be duly kept, and 
the poor people will bear the inconveniences of their strict Gan-i- 
sous, we shall be safe. 

Mr. Treasurer acquaints me the Province is in Debt, which I 
have directed liim to lay before you, whicli with the growing 
charge nmst be provided for. 

I must acquaint you that I have before me the complaint of the 
officers that followed Lt. Colonel Hilton to Neridgawack, that they 
were paid no otherwise than private sentinels. I am sure you will 
allow me to march the Queen's Subjects in this necessary service, 
as I shall think lit; and when I have soldiers I must have officers? 
and they must be paid. I have used all methods possible to keep 
the ProA'ince easy, and you shall not need to study that point lest 
you discourage your best men to the hurt of the service; for though 
I can draw men out of the files, Officers expect, as they deserve, 
other treatment, or>the service will utterly fail. 

If you have any thing for the benefit of the Province to oflerme, 
I shall heartily put it forward as the short session will allow. 



[p. 200.] Province of New Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, the 13"^ day of 
December, 1705, Post Merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, etc., 
"W" Yaughan, ^ Sam' Penhallow, J 

Peter Coffin, I t;.. - ,.« Jo^iii Plaisted, J Esqrs. 

Robert Ellott, p^'l'^- Henry Dow, ) 

George Jaffrey,J 

Major W^ Vaughan, Esq., was sworn a member of Her 
Majesty's Council, and took the oaths appointed by Law, &c. 
Thomas Phipps, Esq., was sworn Clerk of the Council 
(Pro hac vice) and took the oaths appointed by Law, &c. 



316 PROVINCE OF NEW HAMPSHIRE. [1705. 

Upon application of Robert Ellott, Esq., for al)atemcnt of 
impost, etc., amounting to ten pounds, which Ijccame due for 
goods brought into this Port in a vessel that was taken by 
the French which he had redeemed at a very dear rate, 

Ordered, that the said sum of ton pounds be abated. 

Upon reading the petition of John Abbett, about his son 
that is gone hostage with the French, George JatFrey, Esq., 
appearing, made answer that due care was taken for the re- 
demption of his son, Joseph Abbett, and that Mr. JafiTrey's 
correspondent, Mr. Lucas, in Antegoe, had so assured him. 

Upon reading the petition of Mr. John Campbell for an 
allowance from this Province to encourage the Post Office, 

(Made out 22'^ S'"', 170(3.) 

Ordered, that he be paid six pounds out of the Treasury 
when tlie next Province rate is collected. 

Adj"* till ten o'clock to-morrow morning. 



[p. 201.] - Province of New Hampshire. 

At a Council and General Asseml)ly 
held at Portsmouth on Saturday, the 
15"' of December, 1705. 
^ Present, 

His Excellency Joseph Dudley, Esq., Governor, Sec, 
W™ Vaughan, ^ Sam' Penhallow, ) y 

Robert Ellott, > Esqrs. Henry Dow, ) ' ^ ' 

Peter Coffin, ) 

The Council consented to a vote of the Representatives, 
referring to a Deed of Land on file, belonging to William 
Partridge, Esq., that he have the original, leaving a copy 
on file with the keeper of the papers. 

Upon a petition from Richard Waldron, Esq., setting 
forth tluit in the ship Richard and Margaret, late arrived 
from Barbadoes, there were certain goods shipi)ed by bills 
of loading for the port of Boston in the ]\[assschusctts 
Provhice, which goods being imported into this Province, 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 317 

the Treasurer demands the Impost thereupon ; notwitli- 
standhig are bona fide belonging to Boston, and not intended 
to be landed or sold here, but to be sent to Boston accord- 
ingly. 

Ordered, that the duty be not presently taken by the 
Treasurers, but that the said Waldron be obliged to return, 
within two months, a certificate from the proper otTicer in 
Boston, that they are there landed, and that the petitioner 
be thereupon discharged of the said Impost. 

And that this be a rule in like cases referring to any 
duties of Impost payable by the Act of Assembly, and not 
otherwise. 

Col. Partridge informing the Governor and Council that 
there was advanced to Lieutenant Colonel Hilton, for his 
company of volunteers to Narridgwack, four pounds, seaven 
shillings and six pence, in rumm from the Massachusetts 
Commissary at Casco Bay, for which his note is out, 

[p. 202.] Ordered, that the Treasurer pay the said four 
pounds, seaven shillings and six pence to the commissary 
aforesaid, he giving up the said Colonel Partridge's letter, 
and Hilton's receipt with a discharge there upon. 

Adj'^ till Monday, 10 o'clock, Ante Merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj' the IT*'' 
of December, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Robert EUott, ) ^ Henry Dow, \ ^ 

George Jaffrey, ] ^ ' Sam' Penhallow, \ ^ 

Mr. George Jaffrey produced a letter dated the 16* of 
August, under Mr. Lucas his hand, wherein he assures him 
that eifectual care was taken for the ransom for Joseph 
Abbett, who was left Hostage with the French. 



318 PROVINCE OF NEW-HAMPSHIRE. [1705. 

Upon reading a petition exhibited to this Board by John 
Pindar and Sarah his wife for a new hearing of a certain 
complaint, heard formerly at the Quarter Sessions, 

In answer to the petition, the Govern'^ and Council being 
advised that the matter has been once reheard by the Ses- 
sions by direction of this Board, see not reason further to 
be trouljled therewith ; but for that Pindar prosecuted in 
her Majestie's name doe direct that there be noe execution 
granted against him for charges of that prosecution until 
the Session may assign their reason for that order before 
this Board, it being usual in those cases that each party 
bear their own charges. 

Upon reading the petition of Theodore Attkinson, Esq., 

[p. 203.] Ordered, that he be allowed the sum of twenty 
seven pounds, as under written to his account, on the con- 
ditions therein expressed. 

Upon application of Mr. George Jaffrey for pay of ten 
wheel Barrows, 

Ordered, that he be allowed fifty shillings by the Treas- 
urer out of the next Province Rate. 

Adj'^ till three o'clock, post merediem. 



[p. 204.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj' on the IT"' day 
of December, 3 o'clock, Post merediem? 
anno Domini 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <tc., 
Peter Coffin, ) j, George Jaffrey, ) ^ 

Robert Ellott, \ ^^^'^' Sam^ Penhallow, j ^^^^^• 

Henry Dow, Esq. 
Whereas, Mr. Treasurer Penhallow signified unto this 
Board, that the money in specie received in the Treasury 
did not amount to the Governor's salary : 
Ordered, that at the making up of his year's ace*'^ he be 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 319 

allowed the just sum of the difference of money or other 
species in payment to make up the same. 

Mr. Treasurer's Account, amounting to 21"' : 17" : 8'', be- 
ing for supply of the soldiers, etc., with provisions, was 
allowed of, and ordered to be paid him out of the present 
800^''^ Rate. 

Upon reading the petition of Francis Jennings, it being 
on the day before his Excellency went out of the Province • 

Ordered, that the minutes of that Trial in the Quarter 
Sessious be laid before his Excellency in Council at their 
next meeting. 

Edward Polly, his debenture, am^ to 2"^ : 11' : 0'', for 
Rideing Post to the 22'' October, 1705, was allowed, and 
ordered to be paid out of the next Province Rate. 

(Warn' out 30"' July, 170G.) 

Upon the Report of Capt. Pickering and Lieutenant 
Pearce referring to the line of fortifications about the town 
of Portsmouth : 

Ordered, that Lieutenant Pearce and Ensign Loe forth- 
with proceed to see those particulars finished, agreed be- 
twixt Pickering, Samuel Thompson and James Libby, either 
by the said Thompson and Libby or other carpenters if they 
[p. 205.] see meet; and that the late & present clerks of the 
company in the town do attend Lieutenant Pearce, with the 
list of payments set upon the inhabitants of the Town ; And 
that the Constable do assist in the collecting the remainder 
of that tax, and enable Lieutenant Pearce to pay for the 
work accordingly ; and the secretary to give out warrants 
according to this order. 

The following vote was sent up to this Board by the House 
of Representatives, in ha3c verba sequen : 

The Representatives being informed that the General As- 
sembly of the Massachusetts have given to Mr. Daniel 
Greenleafe, minister of the Isle of Shoals, fourteen pounds, 
provided this Province pay six pounds more for his support, 



820 PROVINCE OF NEW-HAMPSHIRE. [1705, 

Yoted, that the Treasurer pay six pounds to Mr. Green- 
leafc for his encouragement in the ministry at Starr Island. 

Per Sam^ Keais, Clerk. 
17"' Dec., 1705. 

Eodem die. Consented to by the Council. 

Thorn. Phipps, Clerk of the Council. 
Adj'' till to-morrow morning, Ante merediem. 



[p. 206.] Province of Xcw Hampshire. 

At a Council and General Assembly 
''^ held at Portsmouth according to ad- 

journment, the 18"' of December, 1705. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, etc., 
Peter Coffin, ) p , John Plaisted, ) j^g .„ 

George Jaffrey, \ ^^ ' Henry Dow, ) '^ ^ ' 

Sam' Penhallow, Esq. 
Capt. Nathan" Hill brought up an answer from the 
House of Representatives to his Excellency's Speech, — as 
on file. 

[Copied from Gov.'s Messages, &c., in Secretary's office.] 
3Iay it jilease your Excellency: — The Eepresentativcs of this 
her Majesty's Province, couveued in General Assembly, doe with 
all humbel grattitnd acknowledg- your Excellency's cave for y^ 
defense of this her Maj'^* province, under your government. 

As to what the Treasurer has given in as an estimat of 
Debts, we have made inquiry into it, and we are well satisfyed 
that ther is but a small matter claymed by sundry persons. As 
to y^ growing charges, it is unsertayn ; we know ther will be dew 
to your Excellency and her Majesty's fort at New Castle, consid- 
erabel when the year is up, which must be taken care of; but at 
pi-esent hope y' y® income of the Province may answare insident 
charges. As to the officers, the Assembly raysed one hundred 
and fifteen pounds for y^ defraying y* expedition Eastward, be- 
sids twenty seaven pounds odd money which those soulders 
reseaved for blanketts, hatchets, &c., which we are humbly of 
opinion may be sufficient for both officers and souljers for those 



1705.] JOURNAL OP COUNCIL AND ASSEMBLY. 321 

twenty ode days marcli; notwithstanding- we shall he always 
redey to give our assistance according to the uttermost capacity 
of the poor Inhabitants of tliis province, and y^ season of the 
year will admit of, Sam^ Keais, Clark. 

Dcsmb-- 18*, 1705. 

May it please your Excellency ; whatever just Debts shall ap- 
eare Dew from y^ Province, the Assembly will tack care in y* 
spring of y^ year that money be rayscd for payment thereof. 

Capt. Peter Coffin and Mr. John Plaisted sent down to 
the Assembly by this Board. 

The Assembly sent up a vote for joining Capt. Henry 
Dow, Major Joseph Smith and Mr. James Philbrook with 
the committee of the Massachusetts to run the line between 
the two Provinces of the Massachusetts and New Hamp- 
shire, from the Sea to the extent of Hampton and Kings- 
town : consented to by the Council, adding Nath^ Weare, 
Esq., one of the committee. 

Colonel Thomas Packer's debenter for entertaining the 
Honorable the L* Governor, and expenses upon the troop» 
amounting to three pounds, one shilling and two pence, was 
allowed and ordered to be paid in course. 

(Made out 22^^ July, 1706.) 

Capt. Henry Dow, his debenter for provisions for the sol- 
diers upon our expedition to Neridgawack, am" to two 
pounds, sixteen shillings and five pence, was allowed and 
to be paid out of the next Province Rate for the use of 
Hampton. 

(Warn* out 30'^ July, 1706.) 

Capt. John Woodman, his debenter for expenses in trans- 
porting letters, &c., for her Majesty's service, am" to one 
pound, six shillings, was allowed and ordered to be paid in 
course, if not past in Col. Packer's last account. 

The soldiers seven shillings each yet due, to make them 
equal to the Massachusetts. 

L* CoL Hilton, eight pounds. 

L* Chisley, three pounds already paid. 
21 



322 PROVINCE OP NEW-HAMPSHIRE. [1705. 

[p. 207.] For Slimmer. 

Lieut. Colonel Hilton for scout, eighteen pounds. 

(Warn* out 20'" July, 170G.) 

Lieut. Chisley, ten pounds. 

(Warn' out 22'' October, 1706.) 

James Johnson, Ensign, 50^ ; already paid Abraham 
Bennick, field marshal, one pound five shillings, besides 
what rec'^ 

The several above accounts are allowed in Council. 

"William Cotton, his debenter for pork to supply the sol- 
diers, horse-hire, &c., am" to four pounds, ten shillings, 
allowed in Council, provided he ])ring a certificate from the 
military officers of Portsmouth, and satisfy the Council 
that it was expended in the Province Account. 

Mr. Thomas Phipps was sent down to the Assembly with 
a vote to them for continuing the act about raising a stock 
of provisions in each town. 

John Walker's debenter for his attendance upon the 
Council from November, 1704, to the 18*^' of December, 
1705, am° to four pounds, was allowed in Council and 
ordered to be paid in course. 

(Warn* out 18'" Dec, 1705.) 

(Another warn* out 19"^ July, 1706.) 

Mr. W"" Furbur, one of the House of Representatives, 
was sent up to this Board with a vote about repairing the 
prison, appointing ]\[r. W™ Cotton to join with whom this 
Board shall assign to attend that matter. 

Ordered, that John Plaisted, Esq., and Mr. Cotton see 
to the repairing thereof forthwith; and the Treasurer pay 
for the same out of the Treasury. 

Upon the humble application of Capt. John Knight of 
Dover, near Bloody Point, setting forth that the ferry 
there kept to Hilton's Point belonging to Dover Neck, and 
the other from the said Bloody Point to Kittery Neck, were 
always holden by the inhabitants of Trickey's farm, which 



1705.] JOURNAL OF COUNCIL AND ASSEMBLY. 323 

now is his by purchase, and there upon humbly prays that 
the right of the said ferrys may be conferred upon him. 

It is accordingly agreed, that the GoYernor be desired to 
give him a patent for the said ferrys, he not demanding 
more than twelve pence for every horse and man at each 
ferry, and three pence for every single person without 
Horse, he always taking care that there be Boats always 
ready, that there be no complaint thereupon. 

[p. 208.] Voted in Council that every town and precinct 
in this Province forthwith provide a Store of provisions to 
be ready for the march of soldiers, according to the Act of 
the 6'^' October, 1703 ; which being sent down to the Assem- 
bly they returned the following vote, viz. : Past by the 
Assembly to say for that part of the Act to be revived 
only for provision for one year, and no longer, and that 
pork be paid at three pence per pound, and biscuit at two 
pence half penny per pound, or money. 

Per Sam^ Keais, Clerk. 

Dec. 18'% 1705. 

Ordered, that the Secretary do forthwith give out war- 
rants to the selectmen of each town, to raise the pro- 
visions according to the law. Upon hearing the account 
of Mr. Commissary Whittemore, Ordered, that Mr. Jaffrey 
and Mr. Penhallow be of a committee to examine the accounts 
and the officers about the receipt of the several articles in 
the same, and report the same to the next sessions of the 
Governor and Council. The Article of four pounds, seven 
shillings and sixpence, being already ordered by this 
Board. 

An Act past entituled an Additional Act for the more 
equal assessing and collecting of public taxes in this Prov- 
ince : — 

Ordered, that whereas the session of December for this 
present year is already past, the Justices resident in the 
several towns are hereby directed and empowered to appoint 



324 PROVINCE OF NEW-HAMPSHIRE. ■ [170G. 

the persons for their several Towns in the Act, and admin- 
ister the oath to them severally, and that the same be good 
and effectual for the orders and Services in the Act men- 
tioned. Past in the Assembly this present session. 
Past in the Council, 

The Representatives consenting. 

Thomas Phipps, 
Clerk 2)ro tejnjjore of the Council, 
Saml. Keais, Clerk. 
18*»> December, 1705. 

The Assembly was adj'^ by his Excellency until the first 
Thursday in April, 10 of the clock, forenoon. 

Met, and adj'^ by proclamation to the first Wednesday in 
May, 10 of the clock. Ante merediem. 

[p. 209.] Met, and adj"^ till the 9'*^ of May next, 10 of 
the clock, ante merediem. 

Met, and adj"^ till Wednesday, the 10 of July, Ante mere- 
diem. 

Met, and adj'^ till Wednesday, the 17"^ July next, 10 of 
the clock, ante merediem. 



Province of New Hampshire. 

At a Council and Gen" Assembly held 
at Portsmouth by adj* on Wednesday, 
the 17"' of July, 1706, ante merediem. 
Present, 
The Honourable John Usher, Esq., L* Governour, 
Major W" Vaughan, ( ^ George Jaffrey, ) ^ 



Robert Ellott, j ^ Sam' Penhallow, \ 

Henry Dow, Esq. 
Mr. Secretary Story was sent as a message to call the 
House of Representati^•€s to this Board, who accordingly 
came, and his Honour the L* Governour made the follow- 
ing Speech, in heec verba sequen (viz.) ; 



170C.] . JOUENAL OF COUNCIL AND ASSEMBLY. 325 

Gentlemen, — The pressing occasions of the -svavr, botli by sea 
and hand, prevents his Excellency's meeting you in person at this 
present session. 

By his Excellency's direction, I am come into this his Majesty's 
ProWnce, and am to acquaint you that it is absolutely necessary 
for the raising of money for the payment of Debts due from the 
Province, and a supply for the service of the warr. 

The Enemy surrounding and pressing upon us, and for want of 
a fund in the Treasury for supply of provision, &c., there can be 
no march against the enemy, and judge not less than five huirdred 
pounds, besides payment of debts, is requisite ; your proportion 
of Rates equal to your neighboring Government this year, would 
Am" to tAVO thousand two hundred pounds. 

[p. 210.] I acquaint you by reason of Col. Hilton's having not 
a supply of provisions, he cannot march for security of the Prov- 
ince, and there is no credit in the Treasury. 

I present you with his Excellency's Letter as to this weighty 
affair, not doubting of your readiness and compliance therewith 
and dispatching of so great a concern, the preservation of her Maj- 
esty's subjects depending thereon ; and nothing shall be wanting 
in promoting the same by me. 

The Hon'''* the L' Govemour was pleased to ask the 
Treasurer for an estimate of the Province debts, which was 
delivered in at this Board, Am° 1356 "^ : 6 ^• ^ and was 
sent down to the House of Representatives by Robert 
Ellott, Esq., and Mr. Treasurer, who was desired to lay 
the same before that Board. 

Colonel Hilton was sent for to this Board to give an ac- 
count of what provision was needful for the army, and was 
ordered to go to the House of Representatives and acquaint 
them with the same. 

Adj*^ till 3 o'clock, post merediem. 



326 PROVINCE OF NEW-HAMPSHIRE. • [170C. 

Province of New Hampshire. 

At a Council and General Assembly held at 
Portsmouth by adj' on Wednesday, the 17"^ 
July, Post merediem, Anno Domini 170G. . 
Present, 
The Hon^''° John Usher, Esq., L' Governor, 
Major W"> Vaughan, ) ^ George Jaffrey, ) ^ 

Robert EUott, \ ^^^^' Sam' Penhalluw, j ■^'^^^• 

Henry Dow, Esq. 
Theodore Attkinson, his account about Ijilleting O'. 
laborers at the fort W™ and Mary, and for overseeing the 
sodd work at the said fort, and for cutting of sodds upon 
Mr. Cutts' land, Am" to twenty-seven pounds, was allowed 
in Council- 

Mem'\ that I issue no warr* out for the payni' till further 
order. 

Adj'^ till Friday, two o'clock post merediem. 



[p. 211.] Province of New Hampshire. 

At a Council and General Assemljly held at 
Portsmouth on Friday, the 19"' of July, by 
adj', Post merediem. Anno Domini 1706. 
Present, 
The Hon'''« John Usher, Esq., [L'] Govcrnour, 
Major W™ Yaughan, ) George Jaffrey, ^ 

Peter Cofhn, > Esqs. Sam' Penhallow, > Esqs. 

Robert EUott, ) John Plaisted, ) 

Henry Dow, Esq. 
Mr. Secretary Story w^fts sent as a message to the House 
of Representatives to acquaint them that if tliey had any- 
thing to offer to this Board, to send the same up. 

The House of Representatives sent up the following 
vote, in hsec verba sequen : 

Voted, that for the supply of provision for the forces 
that shall be sent forth against her Majesty's French and 



1706.] • JOURNAL OF COUNCIL AND ASSEMBLY. 327 

Indian enemies, there be a Rate forthwith made on all 
persons and estates throughout this Province, to the value 
of one hundred pounds money, and paid unto the Treas- 
urer by the first of September next coming. 

Per Saml. Keais, Clerk. 

Read in Council and voted that a Bill be drawn and past 
into an Act, and that the Towns be proportioned. 

Cha: Story, Secretary. 

The several Acts following having been three several 
* times read, was past and enacted : 

An Act for Raising of 700"^^ 

An Act for continuing of Excise, Impost and tonnage of 
shipping. 

An Act for supply of the forces with provisions. 

Mr. William Cotton's debenter, Am° to 4 ^''': 10 ^ : 0^ 
for one barrel of pork for her Majesty's service, and for a 
Horse and a man to wait upon the L' Governor to Boston, 
was read at this Board, and ordered to be paid out of the 
Treasury in course. 

Mr. Samuel Penhallow, his debenter, Am° to 12 "^: 3 ": 
2 ^, for provisions and other necessarys for the forces 
marching against the enemy. Allowed and orderct\ to be 
paid out of the 100"'' rate for supply of the forces. 

Prorogued till Wednesday, the 24"^ instant, 10 of the 
the clock, ante merediem. 



[p. 212.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Wednesday the 24^ July, 1706. 
Present, 
The Hon'''" John Usher, Esq., Lieut. Governor, 
Major W" Vaughan, ) Sam^ Penhallow, "j 

Robert Ellott, V Esqrs. John Plaisted, ^ Esqrs. 

George Jaffrey, ) Henry Dow, ) 

Ordered, that George Jaffrey and Samuel Penhallow, 



328 PROVINCE OF NEW-HAMPSHIRE. [170G. 

Esqrs., be appointed as a Committee to join with a Com- 
mittee of the House ' of Kepresentatives to consider of 
wording an address to be sent to her Majesty, relating to his 
Excellency the Governour. 

A vote was sent up from the House of Representatives 
that William Cotton and Samuel Keais be a Committee to 
join with the committee of this Board in drawing and word- 
ing the address above mentioned, which was consented to 
by the Council. 

Adj'^ till to-morrow morning, 10 of the clock. 



[p. 213.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
25"* July, 1706, ante merediem. 
Present, 
The Hon^"^ John Usher, Esq., Lieut. Governour, 
Major W- Yaughan, j ^ Sam' P^nhallow, j ^ 

George Jatfrey, \ ^ John Plaisted, \ ^ 

Henry Dow, Esq. 
An Address to the Queen's Majesty is agreed upon and 
drawn up by both Houses in these words foil : 

To the Queen's Host Excellent Ilajesty. 
The humble address of your Majesty's Council and Represeuta- 
tives of your Majesty's Proviuce of New Hampshire, iu JSTew 
England, convened in General Assembly, 
Most humbly sheweth : — 

That your Majesty's Loyal Subjects, the Inhabitants of this Prov- 
ince, having been always happy since your Majesty's accession to 
the Crown under your Majesty's protection and Government, are 
humbly bold to acquaint your sacred Majesty, that notwithstand. 
jno" the very great troubles this little Proviuce lies so immediately 
exposed unto by the barbarous savages and French, our neigh- 
bors; Yet by the good Providence of Almighty God, the courage, 
care and prudence of Colonel Dudley, your Majesty's Capt. Gen- 
eral and Governour, we have been exceedingly preserved beyoud 
what has been in former wars ; and are perfectly satisfied with the 
disposal of the people and arms of the Province aud the just ex- 



170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 829 

I)euccs of our money at all times under our present Governor's 
management, as well as the administration' of the civil Govern- 
ment, and humbly pray, if it may consist with your Majesty's 
pleasure, that he may be continued in the Government of this Prov. 
ince ; which we are well assured will always have a tendency to 
the promotion of j'our Majesty's interest here as well as the ease 
and satisfaction of all your Majesty's good siibjects, inhabitants 
therein. • 

And wee further pray to be admitted, as the meanest of your 
Majesty's most dutiful subjects, [p. 214.] humbly to congratulate 
your Majesty's most glorious success against the common enemy; 
which that they may be perfected, and that your Majesty's victori. 
ous arms may give a happy and lasting peace to Europe, is the 
prayer of 

Your Majesty's 
John Pickerin, Most dutiful and obedient Subjects, 

Speaker. 
Signed in presence 

and by order of the Chas. Story, Secretary. 

House of Eepresentatives. Signed in presence and 

by order of the Council. 

Yotcd, that tlie Honourable the Lieut. Governour be 
Immbly desired to cause tins Address to be laid before her 
most Excellent Majesty, in behalf of the Council and As- 
sembly. Per Order of the House of Representatives. 

Sam' Keais, clerk. 

Consented to by the Council the 25"' July, 1706. 

Chas. Story, Secretary. 

The Lieut Govern*' was pleased to acquaint this Board, 
that according to their request he would transmit the said 
Address with all possible expedition to her Majesty. 

Adj'^ till three o'clock, post merediem. 

His Honour acquainted this Board that his Excellency was 
come into the Province and would sit in Council this after- 
noon. 



330 PROVINCE OP NEW-HAMPSHIRE. [170G. 

[p. 215.] Province of Now Hampshire. 

At a Council and General Assembly- 
held at Portsmouth by adj' on Thurs- 
day, the 25'^ Jiily? Post merediem, 
Anno Domini 1706. 
Present, 
His Excellency Joseph Dudley, Esq., Govei*iiour, 
Major W™ Vaughan, ) p, Sam' Penhallow, ) ^ 

George Jaffrey, \ ^^^^^' John Plaisted, \ ^^^^^' 

Mr. George Jaffrey and Mr. John Plaisted were sent as a 
message to the House of Representatives to discourse them 
in raising of money for payment of officers and soldiers, &c. 
A vote was sent up to this Board from the House of Rep- 
resentatives, desiring his Excellency would be pleased to 
consider of the great charge at her Majesty's fort, W"' and 
Mary, and ease the same. 

A vote was sent uj? to the Governour and Council about 
raising 100"^^ to pay the officers and soldiers under the 
command of Lieut. Colonel Hilton, for this year. 
Adj*^ till 10 o'clock to-morrow morning. 



[p. 216.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*^ on Friday, 
the 26"' July, 1706. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W™ Yaughan, ) ^ Geo. Jaffrey, ) p„^^^ 

Peter Coffin, { ^^^^^- Sam^ Penhallow, \ ^^^^^• 

John Plaisted, Esq. 
The following vote was sent up from the House of Rep- 
resentatives, in ho3C verl)a sequen : 

Yoted, that there be a message sent from this House to 
the Governour, humbly praying that he will direct that the 
Treasurer's accounts be duly and fairly kept at all times? 



1706.] JOURNAL OF COUNCIL AND ASSEMBLY. 331 

And Early and in every session be laid before the Assembly 
from time to time. 

Past by the House of Kepresentatives. 

Sam^ Keais, Clerk. 

Consented to by the Council, and that the accounts ac- 
cordingly pass to the House of Representatives the first day 

in (ivery session. 

Chas. Story Secretary. 

Mr. Secretary Story's account of fifty. pounds, ten shil- 
lings and six pence, containing his salary and other per- 
quisites for the year ending the 17*^ of May last past, 
allowed in Council. 

The bill for raising of one hundred pounds for payment 
of the standing forces, under the Command of Lieutenant 
Colonel Hilton, having been three several times read, was 
past and enacted. 

■ Prorogued till Wednesday, the 25"^ of September, 1706, 
twelve of the clock, at noon. 

Gone for England 16"^ September, 1706. 



[p. 217.] 25*^ September, 1706. Met, and adjourned 
till the eighth day of October next ensuing. 

8*"^ October, 1706. Met, and adjourned till Thursday, 
the lO''^ instant, twelve of the clock. 



[p. 218.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj' on Tuesday, the 
15'" of October, 1706. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
Major W- Vaughan, ) ^ Sam^ Penhallow, ) ^ 

Robert EUott, \ ^'^'- John Plaisted, ( ^"^'• 

Henry Dow, Esq. 
This day his Excellency arrived in Portsmouth, in New 



332 PEOVINCE OF NEW-HAMPSHIRE. [1706. 

Hampshire, to his Government, and communicated a letter 
from t'he Hon''^'" the Lords Comm" of Trade and Plantations , 
dated Whitehall, May the 31^*, 1706, which was accor- 
dingly read, and a Thanksgiving day appointed on Tlmrs- 
day, the 17"' instant. 
Adj'^ till 3 o'clock, post merediem. 



Province of New Hampshire. 

At a Council and General Assem1)ly, held 
at Portsmouth ])y adj' on Tuesday, the 15*'' 
October, Post merediem. 
Present, 
Major W™ Vaughan, ) Sam^ Penhallow, J 

Robert Ellott, [ Esqs. John Plaisted, V Esqs. 

Geo. Jaffrey, ) Henry Dow, ) 

The honorable the L* Governour delivered a memorial to 
this Board, relating to service of her Majesty and his great 
disbursements, <fcc., in hcec verba seqifen : 

[p. 219.] Province of New Hampshire. 

To Ms Excellency Joseph Dudley, Esq., Governour and Com- 

niauder-in-Chief of her Majesty's Province of New Hampshire, 
- and Council. Tlie humble applications of John Usher, Esq., 

Lt. Governour said Province, Slieweth : — 

May it please your Exccll>' and this Board, her Majestic in her 
gracious Letter, dated Wliitehall, 20"^ April, 1703, pleased to di- 
rect the Governor of this Province to lay before the Assembly 
that in regard of her Majesty's receiving her good subjects of tliis 
Province under her imediate protection and Government, that 
they do forthwith settle a coiistrainte* and affixed allowance upon 
her Majesty's Governour and Lieutenant Governour for time be- 
ing, reference to said letter being had more amply appear. 

For these three years have served her Majesty as Lieutenant 
Governour, both in summer and -winter, on all occasions, pvirsuant 
to Orders and directions from his Excellency; from time to time 
have been at Great disbursements for my Lodgings and dyet for 
which never allowed any thing, besides expence of time. 

Desire this honorable Board will take same into consideration, 

* Constant? 



1706.] " JOURNAL OF COUNCIL AND ASSEMBLY. 833 

that there may be allowance for his disbursements and service in 
this her Majesty's Government ; all which is humbly submitted to 
ljy John Ushek. 
'New Castle, 15"» October, 1706. 
15"' October, 1706. Eead in Council, and to be read again to- 
morrow. 

[p. 220.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj* on Wednesday, the 
16"^ of October, 170G. 
Present, 
His Excellency the Governor, 
Major W°^ Vaughan, ) Sam' Penhallow, j ^ 

John Gerrish, > Esqs. Henry Dow, ) 

Geo. Jaffrey, ) 

Mr. Secretary was sent down as a message to the House 
of Representatives to call them to this Board, who ac- 
cordingly came, and his Excellency the Govern our made 
the following speech, in hsec verba sequen : 

Gentlemen,—! am glad to meet you to congratulate you of the 
happy news of her Majesty's glorious victory in Spain and Flan- 
dei's, and of your own preservations in both the Provinces the 
summer past, notwithstanding the frequent marches of the enemie 
upon the frontiers. 

I have endeavored to keep the expence as low as the security of 
the inhal)itants would allow ; and I am glad to be with you at 
your solemn Thanksgiving to Almighty God for all tlicse his bles- 
sings , 

The Summer expence is not fully provided for, the Treasurer's 
accounts will shew you, which you will take care of; and if there be 
anything necessary for the benefit of the Province, I shall be 
always ready to agree and represent it to your advantage, and 
you may not doubt of her Majesty's favor while you continue to 
do your duty for the just honors of the crown and your owne pres- 
ervation. 

16* October, 1706. 

Mr. Bridger's commission was read as surveyor of her 
Majesty's woods, &c., and the Governour acquainted the 
Council that from letters from the R* Hon'^''^ the Lords 



834 PROVINCE OF NEW-HAMPSHIKE. [1706. 

Comm" of trade and plantations, [p. 221.] he was commanded 
to be assisting- to the said surveyor, and to put forward the 
.... after which Mr. Bridger's memorial was read, and 
ordered to be sent down to the Representatives. And the 
secretary was further advised on Friday, to lay before the 
Assembly the present Laws for the securities of Great Tim- 
ber, that the Surveyor may further propose what is neces- 
sary for her Majesty's service in putting forward naval 
stores. 

Adj'' till Friday, 10 of the clock, Ante mcrediem. 

Commission of John Bridfjer, Esq. 
[Copied from " Commissions," «&c., in Secretary's Office.] 

I^OTE. — The Editor has taken the liberty to abridge this Commission, 
omitting only those jiarts which are formal and repetitious. 

ANNE R. 

Anne, by the Grace of God, Queen, &c. '' Judging it to be of 
great advantage to our service, That all our Dominions be furn- 
ished with Masts, Pitch, Tar,JHcmp and all other Naval stores from 
our said Colouies and Plautations : Know ye, That wee, reposing 
especial trust and coutideuce in the skill, diligence and integrity 
of the said John Bridger in and for the execution and perform- 
ances of the several services abovementioned, and for other good 
causes and considerations us hereunto moving, of our special grace, 
certain knowledge and meer motion, Have nominated, constituted 
and appointed, and do hereby nominate, constitute and appoint 
him, the said John Bridger, to be surveyor-general of all and singu- 
lar our Woods within all and every our Plantations in the Conti- 
nent of America, now growing or being, or which hereafter shall 
or may Grow and be within our said Colonies & Plantations, or 
any of them ; and wee doe hereby direct, authorize and require 
the said John Bridger to instruct our loveing subjects within our 
said Colonies in making pitch and tar, raising and curing of hemp» 
and in all the matters relating to the production and the manufac- 
turing of Naval stores there : To hold, execute and performe the 
said office of Snrveyor General, during our pleasure, &c. ; and we 
have thought tit to grant and allow unto him, the said John 
Bridger, a Salary, or yearly Sum of two hundred pounds of lawful 
money of England &c. . . And we do hereby authorize and re- 
quire the said John Bridger, his Deputy or Deputies — at al 
convenient times and seasons in the year, to view and Survey all 



170G.] JOURNAL OF COUNCIL AND ASSEMBLY. 335 

ouv said AVoods aud Timber ; and alsoc to mark such of the said 
Trees that now or hereafter shall be titt and proper to be taken for 
the use of our Nav}^ ; and to keep a Eegister of the same ; trans- 
mitting half yearly or oftener an Account of his proceedings 
herein to our High Admiral, or Commissioners for executing the 
office of High Admiral for the time being, to our High Treasurer 
or Commissioners of our Treasury, &c. . . . And, lastly, all our 
Governors, Lt. Governors, Justices, Constables, and all other our 
Civil officers within our said Colonies, &c. . . Are to be aiding, 
&c.,the said John Bridger or his Deputys, &c., in the due execu- 
tion of his and their duty," &c. 

Given at our Court at Saiut James,- the twenty-foui'th day of 
December, 1705; In the fourth year of our Eeigne. 

By her Majestie's Command. 

GODOLPHIN. 

18"^ October, 1706. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Friday, 
the 18«^ October, 1706. 
Present, 
His Excellency the Governor, 
Major W" Yaughan, ^ 

Peter Coffin, > Esqrs. George Jaifrey, ) j^g .g 

John Gerrish, ) John Plaisted, j ^ 

The Bill for the better collecting the duties of excise and 
to prevent Retailers of Liquors to sell without License was 
sent up to this Board to be enacted. 

The Bill for reviving of Actions and processes lately de- 
pending in the Superiour Court of Judicature, of Assize and 
General Goal delivery, &c., within this her Majesty's Prov- 
mce of New Hampshire, and discontinued by the not holding 
of the said Court at Portsmouth, the second Tuesday in 
August last past, 1706, was sent up to this Board by the 
Representatives to be enacted. 

[p. 222.] Ordered, that the Treasurer forthwith pay to 
the Honorable the Lieut. Governour four pounds, for his 



336 PROVINCE OF NEW-HAMPSHIRE. ^ [1706. 

Travelling expenses in coming into tliis Province for her 
Majesty's service. 

(Order out.) 

The Representatives' answer to the L* Governour's me- 
morial was sent to this Board in these words : 

3Iay it please your Excellency and Council,— As to what was 
presented to this House referring to the Lieut. Governour's appli- 
cation to your Excellency and Council, now before the Assembly, 
we humbiy offer this, in answer :— According to her Majesty's di- 
rection, wee have done to the utmost of our abilities, and find that 
by your Excellency's Orders, several pounds every year has been 
paid by the Treasurer for defraying the L' Governour's charges ; 
should, if able, have been willing to have done more, but consid- 
ering the poverty of the inhabitants and the great growing charges 
Risen and arising, are not capable of adding further at present. 

Sam' Keais, Clerk. 

October 18"^, 1706. 

A vote about the Records was sent up to this Board, in 
haec verba : 

Forasmuch as the Assembly is informed that there re- 
mains one New Book of the Province Records in Samuel 
Penhallow, Esq.'s hand, all the rest being delivered unto 
Major Yaughan, the Recorder for the Province : The As- 
sembly prays that your Excellency and Council would order 
the delivery of the said Book of Records to the said 
Recorder. 

Past by the House. 

Sam'l Keais, Clerk. 

October 18»'>, 1706. 

Eodem die, read in Council, and ordered that all the 

Books relating to the Recorder be put into his hands. 

Cha. Story, Secretary. 
[p. 223.] The memorial of John Bridger, Esq., was read 

at this Board, in haec verba : 

To his Excellency Joseph Dudley, Esq,, Capt. General and Gov- 
ernour in Chiel'e of her Majesty's colonies of the Massachusetts 
Bay and New Hampshire, and to the Council and General As- 
sembly of New Ilampshire: 



1706.] JOURNAL OF COUNCIL AND ASSEMBLY. 387 

The memorial of John Bridger, Surveyor General of all her 

Majesty's woods, on the Continent of America, 
Sheweth : — 

Tliat whereas her Majesty has been most graciously pleased by 
Her Commission to me granted and instructions commanded, to 
preserve and keep as much as in me lies, all her Majesty's woods 
from spoil and waste that shall or may be made for the future, by 
any of the inhabitants of her Majesty's colonies in America, pur- 
suant to a clause in the charter of the Massachusetts Bay, wdiich 
reserves all trees to her Majesty's use of twenty four inches diam- 
eter at twelve inches from the ground and upwards, from being 
cut, felled or destroyed, on the penalty or forfeiture of one hun- 
dred pounds to her Majesty, her heirs and successors, for every 
such tree cut, felled or destroyed, without her Royal license first 
had and obtained for the same : 

And whereas there have been complaint made unto her Majesty 
of the spoil and w^aste made in her Majesty's woods; —I therefore 
in her Majesty's name, and by the authority to me granted, do for 
the time to come forbid all her Majesty's subjects to cut, fell or 
destroy any of the trees reserved as aforesaid, And do hereby 
request of his Excellency, &c., that he would be pleased to move 
and recommend the same to the Gentlemen of the Assembly; that 
they give notice accordingly to the inhabitants of their respective 
Counties or Towns, particularly to those whose livelihood chiefly 
consists in Logging and working in the woods, that they be very 
careful what Trees they fell in logging, &c. ; especially those in 
the upper towns and Rivers adjacent; which trees if preserved 
would much lessen the charge lier Majesty is now at in masting 
her I'oyal Navy. 

And I do liereby promise for my own part, that I will by no 
means or w^ays whatsoever restrain or hinder any of her Majcst\''s 
Loveing subjects from all lawful freedom, but will on all occasions 
and at all times, be ready and willing to be aiding and assisting to 
them or any of them, to the utmost of my power when the same 
shall be desired. 

This memorial was sent down to the House of Represen- 
tatives by Mr. Secretary Story. 

The two several Bills following, having been three several 
times read and passed both Houses, were consented to by 
his Excellency, and by him signed accordingly, viz : 
22 



338 PROVINCE OF NEW-HAMPSHIRE. [1707. 

The Bill for the better collecting the duties of Excise and 
to prevent retailers of Liqnors to sell without license. 

The Bill for reviving actions and processes lately depend- 
ing in the Superiour Court of Judicature of Assize and 
General Goale delivery, &c., within this her Majesty's Prov- 
ince of New Hampshire, and discontinued by the not hold- 
ing of the said Court at Portsmouth, the second Tuesday in 
August last past, 1706. 

Prorogued till Wednesday the first day of January next. 

l"*' January, 1706. Met, and adj*^ till to-morrow, two of 
the clock, post merediem. 

2'^ January. Met, and adj'^ till Friday tl\e W^ instant, 12 
of the clock at noon. 

[p. 225.] 10"' January. Met, and adj-^ until Wednesday 
the 19'" February next, 12 of the clock at noon. 

19"' February. Met, and adj'' to the 26"' March, 1707, 
12 of the clock at noon. 

16*" March, 1707. Met, and prorogued till the 2'^ day of 
April next, 12 of the clock at noon. 

2'^ April, 1707. Met, and adj*^ till to-morrow, 12 of the 
clock at noon. 

3*^ April, 1707. Met, and adj^ till :Monday the 7'" of 
April, instant. 

[p. 226.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Monday, the 7"^ April, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c.. 

Major Vaughan, ) Nath. Weare, ) 

Peter CoflTm, [ Esqrs. Sam' Penhallow, [ Esqrs. 
Pol/ Ellott, ) John Plaisted, ) 

John Gerrish, Esq., Henry Dow, Esq. 
Mr, Secretary Story was sent as a message to the House 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY, 339 

of Representatives to call that House to this Board, who 
accordingly came, and His Excellency to make the folloAving 
Speech, in ha3c verba sequen : 

Gentlemen: — 

The openness and imcertainty of the "weather this winter has 
px'evented us from doing- what we intended against the enemy ; 
yet we are to acknowledge the good Providence of Ahniglitj'^ God, 
that we have been preserved from any inroad, and have had so 
good an advantage against the Rebels the last March. 

At the earnest solicitations and motion of the Assembly of the 
Province of the Massachusetts, I have entered upon an expedition 
to Nova Scotia and L'Acadie, to make what spoil I can upon our 
ill neighbors, the French there inhabiting, and shall have a thousand 
men ready in ten days' time with provisions and Transport's, be- 
sides some assistants which I hope from her Majesty's Government 
of Connecticut and Ehode Island, and must expect a just quota 
from you for that service. I shall at present only draw out sixty 
volunteers with officers, for whom you will, I doubt not, take care 
to provide. 

Mr. Treasurer will show you the present state of your Debts 
and what will be necessary for the advance, and I desire you will 
proceed chearfully to grant the supply ; the time is very short, the 
day of the muster of the forces being the seventeenth instant, re- 
quire me to be in the several parts, to review such men [f. 227.] as 
are raised, — That I must desire you forthwith to dispatch what is 
before you. I have always taken care that this little Province be 
not overburthened, and that your money may be justly expended ; 
which I shall always continue to do, and expect your readiness to 
grant what is necessary accordingly. 

A vote was sent up by the Representatives humbly offer- 
ing their concurrence to the keeping a Fast, the IGth April 
instant, according to the Proclamation sent them from this 
Board, being upon file, and is in hsec verba sequen : 

By his Excellency, Joseph Dudley, Esq., Captain Genei-al and 
Governor in Chiefe in and over her Majesty's Province of the 
Massachusetts Bay and New Hampshire, in New England: 

A PROCLAMATION FOR A GENERAL FAST. 

Upon due consideration of the holy anger of Almigiity God, 
evidently manifested by lengthening out the troubles of Europe, 



340 PROVINCE OF NEW-HAMPSHIRE. [1707. 

as well as our owu, and coutiiming them and ourselves under the 
sore calamities of a distressing bloody war, (notwithstanding 
the many great victories obtained against the Common Enemy of 
Europe) which always bespeak our hnmble prostration at the feet 
of Divine Sovereigutye, with penitential confession of our many 
aggravated sins and provocations, and fervent supplications before 
the Throne of Grace for the free remission of them ; That the past 
displeasure of God against us' may be removed: 

I have therefore thought fit, with the advice of her Majesty's 
Council, and at the concurrent desire of the Representatives at 
their present session, to appoint and Order, that Wednesday, the 
sixteenth day of April, instant, be set apart and obsei'ved for fast- 
ing and prayer throughout these Provinces, exhorting both minis- 
ters and People in their Public Assemblies and in their private 
devotions religiously to solemnize the said day, that by a sincere 
repentance and steady affiance in the Divine Mercy in their most 
humble addresses to God, they may obtain these great blessings, 
[p. 228.] That our sovereign Lady the Queen, with her kingdoms 
and Dominions, may always be under the protection of lieaven ; 
Her Majesty's life and happy government long continued; Her 
Council and just Arms prospered ; That the Government of these 
her Majesty's Provinces may be always under the influences of 
Divine direction, in all their administrations and just enterprizes, 
and the smiles of Heaven attend them ; The designs of Enemies 
defeated ; the residue of our captives returned ; That health may 
be continued ; And the ensuing year crowned with the fruits of 
Divine Benignity ; That the present War and tumults of the na- 
tion may happily issue in the advancement of the Protestant 
religion and the Glorious Kingdom of our Lord and Saviour Jesus 
Christ; And all servile labor is forbidden in the said day. 

Given at the Council Chamber in Poi'tsmouth, the seventh day 
of April, 1707 ; In the sixth year of the reign of our Sovereign 
Lady Anne, by the Grace of God, of England, Scotland, France 
and Ireland, Queen, defender of the faith, &c. 

J. Dudley. 

By Order of his Excellency and Council. 

Cha. Story, Secretary. 

God Save the Queen. 

Adj'' till three o'clock, Post merediem. 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 341 

[p. 220.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Monday, the seventh day of April, 
1707, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 
Major Wm. Vaughan, ^ John Gerrish, ^ 

Peter Cofiin, I y Sam^ Penhallow, I y 

Robert Elliott, f ^'^^- John Plaisted, f ^^^^' 

Nath' Wear, J Henry Dow, j 

It being reported at this Board that Colonel Thomas 
Packer, Chirurgeon, had taken the Indian squaw lately 
wounded under his care and protection, to be cured. It is 
therefore directed that the said Packer proceed in curing 
the said Indian Squaw, and that the charge thereof be paid 
in proportion by the Massachusetts and this Government. 

The complaint of George Vaughan, Esq., was read at 
this Board con^ Thomas Phipps, Esq., as on file. 
Adj' till to-morrow morning, ten of the clock. 



[p. 230.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Tuesday, the 8^^ of April, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W" Vaughan, ^ John Gerrish, ^ 

Robert Elliott, [ Esqs. Sam^ Penhallow, \ Esqs. 

Nath' Weare, ) John Plaisted, ) 

Henry Dow, Esq. 
Ordered, That the Sloop Adventure, belonging to Chr. 
Amazeen and Joseph Jackson, be taken into her Majes- 
ty's Service upon an expedition to Nova Scotia and L'Acadie, 
And that Mr. Elliott be desired to see that a platform be 



3J:2 PROVINCE OF NEW-HAMPSHIRE. [1707. 

laid in the said sloop, and that the said Chr. Amazeen and 
Joseph Jackson provide two able men to sail the sloop, 
which shall be in pay from the ninth instant ; and Robert 
Elliott, Esq., is hereby ordered to give the accustomed 
Oath to three sufficient persons as apprizers, to value and 
apprize the aforementioned Sloop, and to make return 
thereof into the Secretary's office. 

Ordered, That Major W"^ Yaughan and Mr. Richard 
Waldron be appointed as a Committee to audit the Treas- 
urer's accounts, and the accounts relating to her Majesty's 
fort, W™ and Mary, and report the same at the next ses- 
sion of the Gen^ Assembly. 

Upon reading the complaint of George Yaughan, Esq., 
this day, against Thomas Phipps, Esq., Justice of the 
Peace, relating to a case tried before him wherein Lazarus 
Noble was plaintiff and Caleb Griffith, Tenn* to the said 
Yaughan, was the Deft., as upon file. 

The Govern"^ and Council declare that the Justice's pro- 
ceedings in the case mentioned in the said complaint (title 
of land being concerned and pleaded) was contrary to Law 
and is thereupon void, and the said Caleb Griffith at rest 
therefrom. 

[p. 231.] Upon application of John Fifield, of Kings- 
town, that Edward Fifield, Mr. Samuel Calcott, Jr., Jona- 
than Calcot, James Beane, Jabez Colman and Phillipp 
Huntoon, belonging to the said Town of Kingstown, have 
deserted and left the said town, whereby the other inhabi- 
tants are much weakened and exposed to the danger of the 
enemy : 

Ordered, That Mr. Secretary Story write to the Capts. 
of Exeter and Hampton that they forthwith direct the per- 
sons abovesaid (being under their commands) that they 
immediately return to their former habitations in Kings- 
town, for the strengthening of the place against the com- 
mon enemy ; and in case they shall refuse so to do the said 
Capts. are hereby ordered, That when they send soldiers 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 343 

to her Majesty's fort W°^ and Mary, that the above persons 
be the first that shall be sent there, and to continue his 
Excellency's pleasure. 

Ordered, That Colonel Thomas Packer be paid seven 
pounds out of the Treasury for the rent of the Rooms 
where the Council and Assembly sits, being for the year 
1705, according to the Assembly's vote. 

A vote was sent up by the Assembly returning the 
thanks of the whole House for his Excellency's Speech, de- 
siring his Excellency to proceed in sending men upon the 
expedition to Nova Scotia and L'Acadie, and are willing to 
raise money for that expedition in proportion of their 
quota, &c. 

Ordered, That Mr. John Campbell, Post Master General, 
be paid six pounds in course out of the Treasury as an al- 
lowance from this Province, as an encouragement to the 
General Post Office. 

Upon reading the petition of John Cross this day at the 
Board (as upon file) relating to his being admitted as an 
Informa pauperis, 

Ordered, That the Justices of her Majesty's Superiour 
Court and Inferiour Court of this Province admit the peti- 
tioner an Informa pauperis and assign him his attorney 
and Council. 

[p. 232.] Upon Complaint and application of the se- 
lectmen and constables of Portsmouth and Hampton, that 
there are several inliabitants lying between them and Dover 
and Exeter that pretend to be out of their parish or pre- 
cinct, thereby laboring to avoid paying tlieir just propor- 
tion to the subsidy granted her Majesty for the support of 
the Government in the present war. 

It is ordered that the Justices of the Peace forthwith 
appoint certain persons, inhabitants of Dover, Portsmouth, 
Exeter and Hampton, to settle the Bounds between the sev- 
eral precints and parishes in the Province, so as to deter- 
mine all the inhabitants to their proper places, that none 



344 PROVINCE OF NEW-HAMPSHIRE. [1737. 

of them may fail of doing their duty and paying their just 
proportion to the payments and taxes granted to her Maj- 
esty by the General Assembly from time to time. 

An act entituled An Act for the supply of the forces to 
march against the enemy, 

Havino; been three several times read in both Houses 
was past and enacted. 

Mr. Secretary Story was sent as a message to call the 
House of Eepresentatives to this Board, who accordingly 
came, and his Excellency was pleased to prorogue the As- 
sembly to Tuesday, the Twenty fourth day of June next. 

And accordingly the Assembly is prorogued till Tuesday 
the 24"^ June, 1707. 



[p. 234.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, the 15*^ October, 
1707. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, &c.. 
Major Yaughan, ) ^ Sam^ Penhallow, ) ^ 

Robert Ellott, j ^^V^' John Plaisted, j ^^qis. 

^Mr. Secretary was sent as a message to call the House of 
Representatives to this Board, who accordingly came ; And 
his Excellency was pleased to make the following speech ; 

Gentlemen : — f 

I laave delayed 3'our session till uow that I might have received 
her Majesty's commands, whicli are expected by tlie Reserve Frig- 
ate bound hither; but the season of the year is not [now?] so far 
advanced, and your aflairs requiring your meeting, I have judged 
it not reasonable to defer your business any longer. 

AVe have been sensible of the Good Providence of Almighty 
God in the preservation of our selves, and our neighbors in the 
other Province upon the frontiers, notwithstanding several inroads 
of the enemy, and some loss that we have sustained. 

The charge of the Port Royal Expedition, and your other ex- 
pences nmst be .now provided for, tliat we may be just in the pay- 
ment of the Muster Rolls of those that have served us. 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 345 

Mr. Treasurer will give you a State of the Debts, and what is 
absolutely necessary, I am sure of your readiness in granting it 
to be forthwith raised ; The Province being sensible of a good 
summer and harvest to support us. 

[p. 235.] I hope you will see reason to dispatch as soon as may 
be, that you may be in your several stations where you are wanted. 

There shall be nothing left undone on my part to assist the Prov- 
ince and her Majesty's aftairs at all times as is my duty. 

Adj^' till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth Ij}^ adj', on Thurs- 
day, the 1G"> October, 1707. 
Present, 
Joseph Dudley, Esq., Governour, 

Major W"" Yaughan, J 

Robert Ellott, [ Esqrs. Sam' Penhallow, ) ^^ 

John Gerrish, ) John Plaisted, j ^ 

Mr. Treasurer was sent down to the House of Represen- 
tatives to lay before them an estimate of the Province Debts. 

Adj*^* till to-morrow morning, 10 of the clock, ante me- 
rediem. 

Met the 17*'' October, present Ut supra. 

Adj*^ till to-morrow, 10 of the clock, ante merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Satur 
day, the 18"^ October, 1707. 
Present, 
His Excellency the Governour, 
Major W™ Yaughan, 

Peter Coffin, ) 

Robert Ellott, [ Esqrs. Sam' Penhallow, ) -^^ 

John Gerrish, ) John Plaisted, ) ^ 



346 PROVINCE OF NEW-HAMPSHIRE. [1707. 

The Officers here after named are appointed' a Council of 
War, or any five of them, whereof Colonel Hilton or Major 
[p. 236.] Smith to be one, to proceed to the examination and 
judgment of any military offences in breach of the articles 
of Warr of any Officer* or soldier that is or has been in the 
pay of the Province, and to report the proceedings to the 
Governour before execution, in all cases : 

1. Colonel Hilton, 7. Capt. Davis, 

2. Major Smith, 8. Capt. Green, 

3. Capt. Phipps, 9. Capt. Oilman, 

4. Major Walton, 10. Capt. Hill, 

5. Capt. Tuttle, 11. Capt. L* Nich^ Gilman, 

6. Capt. Langdon, 12. L' James Philbrooke. 

Mr. Thomas Packer's debenter, am" to 79''' : 6% about 
provisions and medicines for the wounded Squaw, was sent 
to the Representatives to make report, which was accord- 
ingly done, (as upon file) viz., the difference between 
Colonel Packer's account and the allowances of the As- 
sembly, 25 : 10 : 8, due to ballance to the said Packer and 

*An Act relating to Troopers. 

Province of New Hamp're. 
[Seal.] Whereas tliere is iioe punishment or fine inflicted by Law upon any Troopers 

in tlie Province for any disorder, disturbance or military oftence, which at any time 

may be committed by them : 

Be it enacted by his Excellency the Gov'r, Council and Representatives convened in 
General Assembly, and by the Authority of the same, that all troopers within this 
pro-vince who shall be guilty of any disorder or disobedience to their superior officers, 
or committ any military oftence, shall pay double the fine sett by the Law upon foot 
eouldjers ; and in other cases where the punishment is corporal, shall undergoe the same 
punishments as the foot souldjers, to be inflicted by the officers as the Law provides for 
foot souldjers — any Law, usage or custom to the contrary notwithstanding. 

10th October, 1707. This bill was read three times in the House of Representatives 
and past to be enacted, and sent up to the Council for concurrence. 

JoHX PicKEKix, Speaker. 

Eodem die. This bill was read three several times at the Council Board, and voted 
• a concurrence with the House of Representatives, His Excellency assenting thereto. 

Cha. Stokv, Secretary. 

I assent to the enacting this Bill. J. Dudley. 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY.. 347 

allowed by the Assembly, — fifty three pounds, fifteen shil- 
lings, four pence. 53 : 15 : 4. 

To advance of the Treasurer in necessaries for 

the Indian Squaw, and wages for the nurse, 18 : : 

Sum total, 71 : 15 : 4 

The sum of seventy-one ponnds, fifteen shillings, four 
pence, being allowed by the Assembly to the Treasurer and 
Mr. Packer, is the present allowance and ordered to be paid. 

J. Dudley. 
22-^ October, 1707. 

Ordered, that all soldiers that travel to their regular mus- 
ters be carried over all ferryes in this Province for half 
ferriage pay ; And that all soldiers immediately in the 
Queen's service and under pay, be transported over any of 
the said ferryes for two pence per piece. 

Adj"^ till Monday next, 10 o'clock, ante merediera. 

Monday, the 20'^ October, Met, and adj'^ to Wednesday, 
the 22'^ instant, 10 of the clock, ante merediem. 



[p. 237.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Wed- 
nesday the 22" of October, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W™ Yaughan, ) John Gerrish, ^ 

Peter Coffin, V Esqrs. Sam' Penhallow, > Esqrs. 

Robert Ellott, ) John Plaisted, ) 

A vote was sent up to this Board from the House of Rep- 
resentatives, that a bill relating to troopers may be en- 
grossed.* 

*See bill ou preceding page. 



348 PROVINCE OF NEW-HAMPSHIRE. [1707. 

A vote was sent from this Board, in haec verba : 

Voted, that five pounds be given unto Robert Thompson 
out of the Treasury, for his encouragement in bringing in an 
Indian scalp, was read at this Board and consented to by 
the Council, and ordered to be paid out of the Treasury. 

The following vote was sent up from the House of Rep- 
resentatives, in base verba : 

Voted, that an address be made to her Majesty to repre- 
sent the distressed state of this Province by reason of the 
War, and pray for relief of small arms and ammunition. 

Also another to Justify the Governour in his good con- 
duct here against the malicious aspersions of male-con- 
tents, and that the Council be prayed to Join with us 
therein ; and his Excellency humbly desired to give his 
fiat thereto. 

Past by the House. Per. Sam^ Keais. 

Read in Council and agreed to, nemine contra dicente. 

Cha. Story, Secretary. 
Adj'^ till the afternoon. 



[p. 238.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Wed- 
nesday, the 22^' October, 1707. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
W"' Vaughan, J John Gerrish, J 

Peter Coffin, V Esqs. Sam' Penhallow, [ Esqs. 

Robert Ellott, ) John Plaisted, ) 

The following Address being three several times read at 
this Board v>'as sent down to the House of Representatives 
and agreed upon by both Houses : 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 349 

To the Queen's Most Excellent Ifajesty : 

The humble Address of your Majest3^'s Council and Representa- 
tives of your Majesty's Province of New Hampshire convened 

in General Assembly, 

Humbly sheweth : — 

That notwithstanding- liis late majestie was graciously pleased 
out of his princely reguard to send a supply of Artillery and am- 
munition for your majesty's fort at Great Island ; since which the 
great expense of rebuilding said fort and constant keeping men 
in pay for the better defense of this your Majesty's Pro\ince 
towards the sea, together with the extraordinary charge of de- 
fending the frontiers by land against the Indian rebels, assisted by 
the French from Canada and Port Royal, has reduced your Maj- 
esty's poor subjects to a great distress ; many of whom have been 
necessitated to remove, by which our number and strength are 
lessened ; others cannot provide for their families but with hazard 
of their lives, many flelds lying untilled, [p. 239.] unless such as 
are under covert of the garrisons ; at present we labor under a 
great want of good small arms and ammunition, which are daily 
wasted and lost in the wilderness in pursuit of the enemy, and by 
reason of our poverty cannot be supplied. 

Your Majesty's petitioners, therefore, most humbly pray of 
your most Excellent Majesty that of your Majesty's Royal Bounty 
they may be supplied with such a quantity of small arms of sev- 
eral sorts, and ammunition proper for them, as well as for the 
great ordinance at your Majesty's fort in tliis Province, which will 
at all times be thriftily expended for the defense of your Majesty's 
good subjects ; and we shall ever pray for the increase of your 
Majesty's glorious victories over the enemies of the repose of 
Europe j and your Majesty's long and happy reign over us. 

Portsm" in New Hampshire in New England, 22^ October, 1707. 

We are your Majesty's most dutiful and obedient subjects. 

Charles Story, Secretary. 

Signed in presence and by order of the Council. 

John Pickerin, Speaker. 

Signed in presence and by order of the House of Representa- 
tives. 



350 PROVINCE OF NEW-HAMPSHIRE. [1707. 

To the Queen's Mod Excell. Majesty: 

The humble address of your Majesty's Council and Representa- 
tives of your Majesty's Province of Xew Hampshire, convened 
in General Assembly, 
Most humbly sheweth: — 

That since our late address to your most Sacred Majesty, repre- 
senting the poor and distressed condition of this your Majesty's 
Province, we are surprized with advice from England that sev- 
eral disaffected pei'sons have petitioned your Majesty for the re- 
move of Colonel Dudley, our present Governour, for male-admin- 
istration, which we are well assured was done out of a particular 
pique by the principal of the said petitioners, who drew in others 
to subscribe that knew nothing of Colonel Dudley, nor had any 
families or concerns in New England ; and we admire the more 
thereat, for that your Majesty had then received an address from 
the Council and Assembly of this Province, humbly representing 
the great care and good conduct of Colonel Dudley in the Gov- 
ernment thereof, both as to the War as well as civil administra- 
tion ; And we are humbly bold to let your Majesty know that we 
ai-e still (> the same opinion, having daily instances of the inde- 
fatigable pains for the defense of the frontiers against the French 
and Indian enemy, who, by the prudent foresight and good intelli- 
gence which he has always gained of the enemies motion, and 
where they designed to make an attack, has sent seasonable relief 
so as that their designs have been totally defeated and your Majes- 
ty's good subjects and their estates thereby preserved. 

We therefore most humbly pray that the malicious insinua- 
tions of a few male-contents may have no impression upon your 
[p. 241.] Majesty to the prejudice of Colonel Dudley, but that if it 
consists with your Majesty's good pleasui-e he may be still con- 
tinued in his Government, whereby we tirmly belicA'e your Majes- 
ty's honor, the interests of the Crown and the welfare and pros- 
perity of your good subjects here will be better promoted than by 
another person, not so well acquainted with the affairs of this 
country. 

It only remains that we continue to render our most sincere 
thanks to Almighty God for the success of your Majesty's \dcto- 
rious arms and the happy union of your Majesty's Kingdoms of 
Great Britain, which will for ever advance your Majesty's Glory 
and tend to the ruin of the enemy of the repose of Europe, most 



1707.] JOURNAL OF COUNCIL AND ASSEMBLY. 351 

humbly beseeching God for your Majesty's long life and happy 
reign over us. 

Portsmouth, in New Hampshire, ? 
in New England, 22'* October, 1707. ^ 
AYe are your Majesty's most dutiful and obedient Subjects. 

Cha. Story, Secretary. 
Signed in presence and by order of the Council. 

John Pickerin, Speaker. 
Signed in presence and by order of the House of Rei^resentatives. 



JUinisters^ Address to the Queen against the removal of Governor 

Dudley, 1707. 

[From MS. copy in Secretary's Office.] 

To the Queen^s viost Excellent 3Iajestij. 

The humble Address of the Ministers of New Hampshire, in New 

England, humbly sheweth: 

That your Majestie's good subjects in the Province are very joy- 
full and sincerely thankful! to your Majesty for all your Royall 
beuetits to this poor province, and particularly for your Majesty's 
favor in sending Col. Dudley, Governor; who, being a native of 
this country, has the love and affection of all your Majesty's sub- 
jects; and is so particularly knowing [?] of all the features and 
avenues of these large provinces, that he has by the forces raysed 
here met and defeated the Eebels very often, and the good Provi- 
dence of Almighty God has greatly prospered & blessed his service 
to your Majesty's honor; and whatever insinuations are made 
against liim to your sacred majesty, or your Majesty's great Minis- 
ters of State, we are sure he is unfeignedly steady in your jMajesty's 
service, an example of religion, virtue & moderation to all good 
men ; and we humbly pray, on behalf of ourselves and your Maj- 
esty's good subjects under our care, that it may consist with your 
Majesty's Royall wisdom, he may be yet continued to rule over us ; 
which we dare not have presumed to ask, if evil minded men 
against us & such as least know us, had not lately addressed your 
Majesty for his removal, contrary to the willing & united desires 
of all your Majesty's good subjects here. 

May the great God prosi)er your Majesty's arms & make your 
Majesty the glorious insti'ument of re-establishing the peace of 
Europe. 



852 PROVINCE OF NEW-HAMPSHIRE. [1707. 

May your sacred Majesty be blessed with a long- and prosperous 
reign oyer a people protected, reformed & united by your iMajesty's 
most serene & excellent conduct; & your Majesty's and your good 
subjects' satisfaction therein will be everlasting. 
Wee are your Majesty's most loyal and dutiful subjects. 

JoHX Cotton, Minister of Hampton. 

Nathl. Eogers, Minister of Portsmouth. 

John Pike, ]\Iinister of Dover. 

John Buss, ]Minister of Oyster River. 

John Ejiekson, jNIinister of New Castle. 

Theophilus Cotton, IVIinister of the Isles of Shoales. 

Voted, whereas Richard Otis, of Dover, late deceased, 
died intestate and left not estate sufficient to pay his debts : 

Ordered, that Susanna Otis, administratrix upon said es- 
tate, have power to sell so much of his Lands lying in the 
Township of Dover as will pay his said Debts ; there being 
not chattels sufficient to pay the same ; Always provided, 
that accounts be first made up by the ordinary, and showed 
forth, and left of Record in the Superiour Court of the 
Province. 

Allowed and past by the Assembly. 

Per Sam^ Keais, Clerk. 

22*^ October, 1707. 

Read in Council, allowed and approved and sent to the 
House of Representatives. 

Cha. Story, Secretary. 

[p. 242.] Voted, that the money due from this Province 
on account of the Summer's Expedition to the Eastward, 
we pray it may be deferred until the next session of the 
Assembly ; when we promise that we will proceed to raise 
money to defray the just charges thereof. 

Passed by the House. 

Sam^ Keais, Clerk. 

22^ October, 1707. Read in Council and voted a con. 
currence. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 853 

Letter from Gov. Dudley to Major Vaughan. 
[MS. Cor., Vol. I., p. 9, Secretary's Office.] 

Eoxbury, 22 January, 1707-8, 
Sr. — Mr. Secretary Story & Mr. Speaker Pickering have been 
with mee and acquaint nice there is a desire in j'our province to 
send an agent to England. If the Assembly in their next sessions 
shall acquaint me "with the person whom they would send, to take 
care to pass an Act for money for his support in their service, & let 
me see his errand, if it be for the service of the Province, and his 
Majesty's sei'vice, I sliall readily agree thereto. 

The Assembly at the same time must also raise a tax for tlie sup- 
ply of the Treasury for the payment of their forces the last sumer's 
Expedition, or els I cannot reasonably exjiect the service of the 
soldiers for the defence of the country. 

I desire yourself & the gentlemen of the Coiincil will take care 
herein, & that we have notice by Express, if need be, of what they 
do, and adjourn them after two or three days' conference, for a 
week, for my further directions if need be. You will use all pru- 
dence to steer the Assembly, & communicate tliis letter. 
Your humble servant, 

J. Dudley. 
Major Yaughan. 



Letter from Gov. Dudley to the Council. 
[MS. Cor., Vol. I., p. 11, m Secretary's Office.] 

Boston, 9 Feb., 1707. 
Gentlemen : — 

It is the undoubted right of the General Assembly, at their meet- 
ing, to address her Majesty & send their own messenger therewith: 
& you, having chosen Captain George Vaughan your Agent for 
the purpose, I must agree thereto, & desire you w"ill give him your 
Address & Dispatches as soon as possible, that his voyage be not 
lost ; & for what money you have granted to her Majesty for his 

support jou will take your own methods to exchange it 

hence, in which I am sure Mr. Treasurer will do his duty upon 
your application, & I will srgne the Avarrant for it when sent me 
pi-operly from the Council Board, to be lodged as his order in the 
Treasury Office, & he must make no dou])t thei-eof, but proceed 
forthwith, if any time be wanting he must be paid. . . . 

I direct your prorogation to be to the last Wednesday in March, 

and Major Vaughan is herebv directed to declare it. Captain 
23 



354 PROVINCE OF NEW-HAMPSHIRE. [170S. 

A^au,£;'haii, wlieii he has j-our despatches, I suppose will see me here, 
to take shipping. 

I am, Gentlemen, your very humble servant, 

J. Dudley, 



Address to Queen Anne. Sent hy Cupt. George Vanghan, 1707-8. 

[Coll. N. H. Hist. Soc, Vol. I., pp. 140-141.] 
To the Queen-s most Excellent Majestie: 

"Wee, your Majestie's most Loyal and Dutiful subjects, y« Repre- 
sentatives of your Majestie's province of New Hampshire, and in 
General Assembly convened, most humbly begg leave to jjrostrate 
ourselves at the feet of your sacred Majestie, and now at this time 
more especially to represent to your Majestie, That our ancestors 
and predecessors some eightv years j)ast coming over from Eng- 
land, and issueing out from the neighboring Colonies, and by and 
with their concurrence and encouragement, peaceably and in a 
j)ublick manner entered and satt downe upon the now inhabited 
lands of this province, and which were not only then vacuum dom- 
icilium, but a miserable desart, and surrounded with the Barbarous 
Salvages, from whose Sachems our ancestors all along informed and 
assured us the said lands were honestly and justly purchased for 
their use. 

Tliat Avee and our ancestors through the great mercy of Almighty 
God, by the expence of our treasure and the work of our hands, 
have now turned this wilderness into a fruitful field. 

Tliat wee and. our predecessors have, with the expense of our 
liA'es and estates, defended this your Majestie's province in two 
long and distressing AYarrs, against the Barbarous Salvages, as- 
si.'^lcd by the French King's subjects, and which wee are yet engaged 
in, and must have suifercd very much were wee not encouraged 
and protected by the great and constant care and vigilance of his 
Excellency our Governor, and the assistance of his other govern- 
ment, botli as to men and money. 

That by the diligence, industry and expence of your Majestie's 
Loyal subjects of this your Majestie's Province, wee have soe im- 
proved this your Majestie's Country, that the trade thereof has 
become very Considerable, and of great Importance and advantage 
to yoitr Majestie and your people of Great Britaine. 

Tliat all this has been done Avithont the least Aid or Assistance 
Imaginable of Mr. Mason, or those that succeed him in their pre- 
tended Claime to this Countrey. 

That the possessions and Estates of tliis i^rovince have been 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 355 

bought and sold, and liavc descended from family to fiunily for Now 
neare seventy years together; and Except it be a A^ery few of the 
Inhabitants, is all they have in the AYorld. Notwithstanding' all 
which, by the Governor's interj)osition, who endeavored to Recon- 
cile the difference between Mr. Allen and the people (and not from 
any dilference of our own Right) wee made Overtures to an 
Agreement; but Mr. Allen's death prevented any further xiroceed- 
ings therein.* 

That if your Majestie's most loyal subjects of this your Majestie's 
province may, by your Majestie's Royal favor, be confirmed and 
encouraged in the possession and Enjoyment of what they have 
acquired so Just a Right to, and may yett be protected and de- 
fended from the unreasonable and unjust Claim and demand of 
Mr. [Thomas] Allen, which they confidently iiromise themselves 
from the late instance of your Majestie's great Justice done them 
in the same case, when Mr. Allen Appealed from a Judgment of 
your Superior Court here to your Majestic inCouncil, where Judg- 
ment was aflfii'med in favor of the Inhabitants, & hereby your 
Sacred Majestic will not only have the Gratefull Acknowledgments 
of your Majestie's most Loyal and Dutiful Subjects in this jour 
Majestie's province ; but your Majesty and your people in all places 
will reap the benefitt and advantage thereof in the Increase of the 
Trade of tliis Countrey by a greater supply of your Majestie's Navy. 

Whei'eupon, wee your Majestie's most loyal and dutiful subjects, 
the Representatives of this your Majestie's Province, with all 
humble prostration, doe, in the Name and behalfe of all your Maj- 
estie's people, the Inhabitants of this your Majestie's province, most 
humbly supplicate your sacred Majesty to take the Circumstance 
of our Case and Condition into your Royal Consideration, on 
whose Wisdom, Justice and favour Wee shall alwayes rely and 
intirely submitt ourselves to, who are your Majesty's most, &c. 

*"May 5, 1705. Samuel Allen, Esq., deceased, (some time Governor of N. H.) after 
3 or 4 days' visitation with fever and pleuritical pains ; a sober and worthy gentleman." 
[Aged 69.]— 7'ite Journ. 



356 PROVINCE OF NEW-HAMPSHIRE. [1708, 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, 
the 19"' February, 1707. 
Present, 
TV" Yaughan, ) Sani^ Penhallow, ) p 

Eol)ert Ellott, [ Esqs. John Plaisted, ] ^^^^' 

John Gerrish, ) 

Pursuant to his Excellency's letter of the ninth instant, 
the General Assembly are prorogued till Wednesday, the 
last day of March next. 

[p. 243.] Province of New Hampshire. 
, At a Council and General Assembly 

held at Portsmouth, by prorogation, 
on Wednesday, the 5^^ May, 1708, 
post meredieni. 
Present, 
His Excellency, Joseph Dudley, Esq., Governour, 

Sam' Penhallow, ) -p 
John Plaisted, \ ^^^^' 

Adj'^ till to-morrow morning, 10 of the clock, ante me- 
rediem. 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Thursday, the 6"^ of iVlay, 1708, 
ante merediem. 
Present, 
His Excellency, Joseph Dudley, Esq., Governour, 
Major W"' Yaughan, 
Peter Coffin, ) ^ Sam' Penhallow, ) ^ 

Eobert Ellott, j ^^^^- John Plaisted, \ ^^^^' 

His Excellency the Governor sent Mr. Secretary as a 
message to the House of Representatives to call them upp 
to this Board, who accordingly came, and his Excellency 
made the following speech : 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 357 

Gentlemen: — 

The winter is passed "without any inconvenience from the 
enemy, unless it be that it has made us more careless of danger, 
and some of our people thereupon doe neglect their watches and 
caution which must be reformed everywhere, lest we be surprized 
into some great mischief. 

The oflicers and soldiers in the last year's service should have 
been provided for before this time, and a fund sett for their pay- 
ment ; but it must be noe longer delayed, and the other debts of 
the Province shall be laid before you by the Treasurer. 

[p. 241.] I desire and expect that the gentlemen of the House 
of Representatives will take care that wee be just in our pay- 
ments, that wee may obtain the fiivor of God and maintain her 
Majesty's ponor, our own just reputation, and prevent the Com- 
i:)laints of any of her Majesty's subjects to whom wee are in- 
debted. 

We are always during tlie warr in necessity to raise men for 
our defense, and we must take care there be that in the Treasury 
that will support us. 

I shall doe my duty in placing soe many at the fort as are nec- 
essary for the summer's service, and we must have a small party 
for a distant scout and discovery, and there must be provision for 
them, and you must not forget your agent that you have lately 
sent home. 

I desire the gentlemen of the Representatives that they will 
proceed therein yviih. all good agreement and as soon as they 
may ; the session need not be long. 

I have always seen so much friendship and unanimity in the 
Assembly of this Province that I doubt not of your doing your 
duty herein ; and the good Providence of Almighty God will still 
preserve us. I shall not fail at all times to represent you well to 
her Majesty's iirotectiou and favor. 

A vote was brought up from the House of Representa- 
tives in liaec verba seqiien : 

Voted, That the late dwelling House of George Yaughan, 
Esq., neer to Major Vaughan's, standing convenient for 
entertaining Travellers by reason of its nighness to the 
ferry, and W™ Fellows having rented the same, being an 
honest man, that he be admitted to keep tavern there and 



358 PROYINCE OP NEW-HAMPSHIRE. [1708. 

have a license granted him, and pray the consent of his 
Excellency the Governour thereto. 

Past by the House. 

Sam' Keais, Clerk. 

May 6"\ 1708. 

Read in Council and allowed, his Excellency the Gov- 
ernor assenting thereto. 

Cha. Story, Secretary. 

[p. 245.] Ordered that the soldiers late sent by the 
Governour to Oyster River, and others in like cases, be 
subsisted by the several garrisons whether they are sent, in 
equal proportion amongst the familys covered by 'the said 
Garrisons, and their wages by the Province. 

John Smith, Esq., being sent up from the House of Rep- 
resentatives to this Board, to be qualified to sit in that 
House, took the appointed oaths according to Law. 

Ordered, That Mr. John Campbell, Post Master Gen- 
eral, for his diligence in taking care of all expresses that 
go from this Province to be sent to his Excellency, and in 
expressing Letters from his Excellency to this Province, be 
paid six pounds for the year 170T ; ending at Lady day* 
last past. 

Adj'^ to the three of the post meridiem. 



Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth on Thursday,thc sixth day 
of May, Anno Domi. 1708, Post mere - 
diem, by adjournment. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', 

Major W" Taughan, J Sam' Penhallow, ) p 

Peter Coffin, \ Esqs. John Plaisted, ) ^ 

Robert Ellott, ) 

* March 25th. 



1708.] JOURNAL OP COUNCIL AND ASSEMBLY. 359 

Adj'^ till to-morrow morning ten of the clock, ante mere- 
diem. 



[p. 246.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Fri- 
day, the seventh day of May, 1708, 
ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 

Major W'" Vaughan, ^ John Gerrish, ] 

Peter Coffin, > Esqs. Sam' Penballow, > Esqs. 

Robert EUott, ) John Plaisted, ) 

The powder account for the year 1708 was delivered in 
and approved of and Mr. Ellott and Mr. Treasurer and 
Capt. Pickerin are appointed a Committee to see the state 
of the powder at the Castle, and to report to the Govern"" 
the present state there and what powder is necessary fur- 
ther to be supplyed. 

The Governour having acquainted the Council that for 
the Summer months there will be twenty men posted at 
the fort. 

The Council desire that Colonel Redknapp may visit the 
works at the fort and direct the necessary repairs there, 
and that the soldiers that are of the Guard be employed in 
the said work and allowed six pence per diem above tlicir 
wages, and that Major Vauglian and Mr. Ellott, or cither 
of them, doe oversee the work from time to time. 

The Council,- for saving the charge of building and often 
repairing a Boat for the public service, have this day agreed 
with Theodore Attkinson, Esq., to provide and keep a Boat 
for such service from time to time in good repaire, with all 
necessarys to be always ready for the publick service of the 
Government, for which the said Attkinson is to be paid six 
pounds per annum out of the Treasury. 

Adj'' till to-morrow morning, ten of the clock, ante me- 
rediem. 



360 PROVINCE OF NEW-HAMPSHIRE. [1708, 

[p. 247.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Saturday the 
eight day of May, Anno Domini 1708, 
Ante Meredicm, by adj'. 
Present, 

His Excellency Joseph Dudley, Esq., Governour, &c., 

Major W"" Vaughan, 

Peter Coffin, ) p^^,.^ Sam' Penhallow, \ ^ 

John Gerrish, j ^'^l''' John Plaisted, j ^'^''• 

Mr. Treasurer acquainted the Governour and Council that 
the two hundred and fifty pounds appointed by the Assembly 
for the Agency was all advanced, and that he had his war- 
ranto for the same ; and that over and above the said sum 
he liad expected twenty pounds for the journey of Mr. 
Spealcer Pickerin and other members to Boston, to dispatch 
the agent, and eight pounds seven and two pence for wine 
and brandy for the agent's passage. 

The said sum of twenty-eight pounds seven shillings and 
two pence was allowed in Council, and the Governour desired 
to give a warrant for the same. 

Ordered, that eighteen pounds be allowed Peter Coffin, 
Esq., for plank for the platforms at the fort W" and Mary. 

(Order out.) 

Mr. Phipps' and Mr. Secretary Storey's debenter, amount- 
ing to one pound, three shillings, was allowed in Council, 
and Ordered that the Select men of Newcastle, to wit,. 
Kobert Ellott, W" Seavey, and John Frost, pay the afore- 
said one pound, three shillings, and that the Secretary issue 
forth processes for the same. 

The House of Representatives' answer to the Governor's 
Speech, as foil : 

3in>/ it please your Excellency, we the Eeprcsentatives, convened 
ill General Assembly, are highly sensible of your great care and 
good conduct of this [p. 248.] Province, which we are humbly 
thauktu Ubr, and pray for continuance thereof. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 8G1 

"We crave leave in some measure to make answer to your Excel- 
lency's speecli, as to the payment of the oflicers and soldiers for the 
time past ; according to our former promise we have considered 
thereof, and shall raise wherewith to satisfy as far as our capacity 
will admit of. As to the other charges of the Province, we have 
considered of and gone beyond our ability in raising of money for 
defraying of those charges ; and as to placing more men at the 
fort than already there, we humbly offer to your Excellency's con- 
sideration as followeth: 

First ; our poverty is such and our debts so great already that 
we are no ways capable of raising more money at this time. 

Secondly ; should twenty men be ordered to the said fort, they 
are not capable of defending against an Enemy. 

Thirdly ; Those men already there, together with the trained 
band belonging to New Castle, being ordered to attend their duties 
in watching, warding, &c., will be far easier than a frontier Gar- 
rison in the Province ; That company being exempted from all other 
duties, save only to the said fort. Also, one half of Portsmouth 
and Hampton Company are ordered upon any alarum to i-epair 
thither; And yet, notwithstanding this, if your Excellency and 
Council should Judge our proposals not sufficient, but should see 
cause to order more men to the said fort, that it may be done by 
towns in equal proportions, throughout the said Province, and 
that New Castle take the lirst turn. 

Past by the House. 

Sam' Kcais, Clerk. 

May the 8''', 1708. 

[p. 249.] A full vote was sent up to the Board hy the 
House of Representatives, in hcec verba sequen : 
Whereas a list of soldiers' wages to Norridgawackand Port 
Royal, as also transport vessels and other debts, a list of 
which lies with the Assembly, amounting to one thousand 
sixty nine pounds, eleven shillings ; One hundred and 
eighty pounds of the said sum being for the managing 
our affairs by our Agent in England, on further consid- 
eration add thirty pounds nine shillings, to make the 
whole sum eleven hundred pounds : 
Voted, that a Rate be made on all persons and estates 
throughout this Province, in equal proportion, according to 



362 province: op new-Hampshire. [1708. 

former rules, for tlie abovesaicl sum of one thousand sixty 
nine pounds, eleven shillings, with the addition abovesaid, 
to be paid in the species to the several persons in each town 
to. whom the Province is indebted at the price set on the 
said species; And that all to whom the Province is indebted 
shall take their respective del)ts in said species (his Excel- 
lency ready money royally advanced by any person only 
excepted) and what due on such accounts to be brought into 
money and soe paid, which said Rate or assessment shall be 
made and committed to the several Constables, soe as to 1)6 
collected Ijy the last day of December next ; That the 
Treasurer's trouble will be much lessened by the Constable 
or other person appointed in each town to pay the same, 
That he may only receive nine pence in the pound for this 
whole Rate, and that a committee of both Houses be ap- 
pointed to set the prices of the species the Rate to be paid 
in ; this together with the income of the River, wee hope 
may answer the ends. 

Past by the House. 

May 8"', 1708. Sam^ Keais, Clerk. 

Voted in Council, that Mr. Ellott and Mr. Plaisted be a 
committee along with two of the Representatives, to con. 
• sider of the species, and sit this afternoon. 

Cha. Story, Secretary. 

Major Smith, Capt. Dudley, are appointed to join with 
those of the Council to settle the species. 

Sam' Keais, Clerk. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 363 

[p. 250.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Monday, the 
W of May, 1708. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W"' Vaughan, 
Peter Coffin, ) ^ Sam^ Penhallow, ) j. 

Robert EUott, j ^^^^^- John Plaisted, j ^''^^^' 

Ordered in Council, that whereas the sessions have neg- 
lected to appointe a person in the several Towns to take 
account of the ratable estates according to an Act of As- 
sembly, entitled An Additional Act for the equal assessing 
and collecting of public taxes, The select men of the sev- 
eral towns are hereby required to proceed to lay the taxes 
for this year without any such return, the said Act notwith- 
standing, according to former custom ; and the Assembly 
will then further advise. 

The Representatives voted a concurrence with the Hon"*^ 
the Council. 

Sam^ Keais, Clerk. 

Upon reading the petition of Samuel Shipperd and .... 
True, on behalfe of several other inhabitants lying near the 
line of both Provinces : 

Ordered, that what goods have been restrained by the 
Constable of Hampton from said True be returned to him 
again ; the tax being taken by the Constable of Salisbury 
six days before. 

Ordered, that Mr. Walton from time to time employ the 
soldjers at the fort at New Castle in the repair of the works 
while they are off their duty, keeping account hereof that 
they may be paid six pence per diem for their service, be- 
sides their wages. 

Ordered, that one hundred and thirty one pounds, ten 
shillings, be paid in course out of the Province Rates for 



364 PROVINCE OF NEW HAMPSHIRE. [1708. 

service for Capt. Walton and four soldjers at the fort W™ 
and Mary, from the 25*^ ^larch, 1T07, to the 25"' March, 1708- 

[p. 251.] Ordered, that Mr. Secretary Story's debenter, 
for his service in tliat post, amounting to forty five pounds, 
thirteen shillings, being approved of by the Assembly and 
allowed at this Board, be paid out of the eleven hundred 
pounds tax raised this session. 

The following vote was sent up to this Board by the 
House of Representatives : 

Voted, that a Latin School be kept in Portsmouth ; that 
the school master from time to time be appointed by his 
Excellency, Council, and settled minister of the town. And 
that the said school master be paid by the several towns 
within this Province after the rate of fifty pounds per 
annum, besides what the select men of Portsmouth shall 
order to be paid by each of their inhabitants that sends his 
child to learn Latin ; and to be a free school for writers. 
Readers and Latinists, &c. ; the sum to be paid by each 
town, viz : Portsmouth twenty eight pounds, Hampton eight 
pounds, Exeter six pounds, Dover six pounds. New Castle 
forty shillings ; And that this Act continue in force for and 
during the space of two years and no longer — tliento cease 
and end ; And that the select men in every town within this 
Province make assessment on their inhabitants for each of 
their projwrtions as aforesaid, to be collected and paid unto 
the said schoolmaster yearly, by the first day of March ; 
And if the select men in each town or any of them shall 
fail of making such assessment, it shall be lawful for any 
two Justices of the Peace in this Province to issue forth a 
warrant or warrants, directed to the Sheriff, to levy on any 
of the select men or their estate for any such sum not paid 
according to the time. 

May the 10*, past by the House. 

Sam' Keais, Clerk. 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 365 

May 10"', 1708. Read in Council and consented to, 
nemine contradicente, and to be past into an Act. 

Cha. Story, Secretary. 

Province of New Ilanips'"''. 
[Seal.] An Act for a free School to be kept at rortsmoutli. 
Whereas there is noe Latin Scliool as yett Established in any town 

in this Province, for the enconragement of learning and virtue:* 

Be it therefore Enacted by his Excellency the Governonr, Coun- 
cil and Eeprescntatives convened in Generall Assembly, and by y^ 
Authority of y<' same, That a Latin School bee kept att Portsmouth 
in y*' said Province ; and that the schoolmaster from time to time 
bee appointed by liis Excellency, Council, and settled ministers of 
the Town ; and that the said school master bee payd by y^ severall 
Towns within this Province, the sum of tifty pounds money pr. 
Annum, besides what y'' selectmen of Ports'"° shall Order to be pd 
by each of those Inlialntants that send their children to learn Latin ; 
And to be a free school for writers, readers and Latinists ; & the 
severall sums to be pd by each Town are as follows, viz : Portsm° 
twenty eight pounds, Hampton eight pounds, Dover six pounds, 
Exeter, six pounds, and New Castle two pounds; and that this Act 
continue too [2] years. And that the selectmen in every town 
within \'^ Province make assessments on their Inhabitants for each 
of their proportions, as aforesaid, to be collected and payd unto the 
said schoolmaster yearly, by y'' tirst day of March ; and if y" select- 
men in each Town or any of them shall fail of making su.cli as- 
sessments, itt shall be lawful for any two Justices of the Peace in 
the Province to issue forth a warrant or warrants, directed to y^ 
sheritf, to le\'y' on any of y'= selectmen or their estates, for any such 
sum not payd according to time, to pay the same to the school- 
master from year to year. 

Eead tlu-ee times in the House of Representatives and past to be 
Enacted, andsent upp to the Hon''''' the Council for their concur- 
rence. 

John Pickerin, Speaker. 

*[We conclude, therefore, that this was the first Latin free school established in New 
Hampshire. As early as 1658, there was a school in Dover in which the master was 
requested to teach " to reid, write, cast a comiite, latine, as the parents shall require." 
See Provincial Papers, Vol. I., p. 312. And umler the Laws of Mass., "every town con- 
sisting of one hundred families or upward was required to set up a (irammar School' 
and appoint a m.aster able to instruct youth so as to fit them for the Colledge," &c. — 
Prov. Pap., Vol. I, p. 312.— Ed.] 



366 PROVINCE OF NEW-HAMPSHIRE. [1708. 

Eead three times at the Council Board, and voted a concurrence 
with the House of Kepresentatives, his Excellency assenting tliereto. 

Cha. Story, Secretary. 

I assent to the Enacting this Bill. 

J. Dudley. 

Ordered, that Samuel Peiihallow, Esq., Treasurer, his de- 
benter, amounting to eleven pounds two shillings, being so 
much paid by him toward the Governour and Council's en- 
tertainment, and other necessary expenses of Capt. Chisley's 
Company when at Nantassett, be paid him out of the Treas- 
ury. 

[p. 252.] The several Inlls following, having been three 
several times read and passed both Houses, were consented 
to by his Excellency and by him signed accordingly : 

An Act for the better preservation of all Mast Trees or 
white pine Trees within her Majesty's Province of New 
Hampshire. 

An Act for the raising of eleaven hundred pounds for de- 
fraying the publick charge of the Province. 

An Act for continuing several Rates and duties of Excise, 
Custome, Impost, and Tonnage of shipping. 

An Act for selling of part of George Walton's estate for 
payment of Debts. 

An Act for a free School to be kept at Portsmouth. 

Ordered, that Robert Thompson be paid five pounds out 
of the present tax, for an Indian scalp lately taken by him 
at Oyster River. 

Mr. Treasurer Penhallow's ace', for sundrys advanced for 
supplying the forces to march ag' the enemy at L'Acadie 
and Nova Scotia, amounting to 518"' : 8^ : 10, out of which 
there remains due to the Province So"" : 11^ : 5*^, was read 
at this Board and allowed and approved of, as upon file. 

The muster roll on account of the service of soldjers at 
the fort W™ and Mary for the year 1706, signed by Capt. 
Shadrach Walton, am" to seventy one pounds, seven sliil- 
lings and one penny, was allowed, and signed by the Gov- 



1708.] JOURNAL OP COUNCIL AND ASSEMBLY. 367 

ernour in Council for payment of the same, and counter 
signed by the Secretary. 

Prorogued till Wednesday, 8"> T'"", 1708. 

Prorogued till Wednesday, the 17"' Nov., 1708. 



[p. 253.] Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, on 
Wednesday the 17'^ November, 1708. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ) John Gerrish, ) 

Robert Ellotfc, \ Esqrs. W" Vaughan, [ Esqrs. 

Nath' Weare, ) Sam^ Penhallow, } 

John Plaisted, Esq. 
Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Excellency the Govern'' was pleased to 
make the following speech, in haic verba : 

Gentlemen: — 

The snnimer is past since your last session, and by the good 
Pro\'idcnce of God wee have been preserved from any insult of the 
enemy,, tho' their march upon us in August put us to a very great 
cost to defend a long frontier, being uncertain where they would 
make their, impression. 

And at last they have nothing to boast of at Haveril, tho' we 
might have done much more upon them if wee had taken the 
proper advantages otfered us. 

The march of soe many forces necessarily in both Provinces hath 
much aggravated the year's charge ; notwithstanding I rose as late, 
and disbanded as soon, as possible. 

Mr. Treasurer will lay before you, Gentlemen of the House of 
Representatives, the present Debt upon the Province, which I must 
justly expect you will take cai-e to discharge ; otherwise wee shall 
not be able to sui)port our selves, if soldiers be not duly satisfied 
and paid. 

[p. 254.] You will also remember your Agent, who is well ar- 
rived, and very diligent in y'' service, and must be supplied with 
what is necessaiw for his reputation and dispatch of his attendance. 



368 PROVINCE OP NEW-HAMPSHIRE. [1708. 

Mr. W"" Cotton was sent as a message from the House 
of Representatives to this Board, with the following vote : 

Voted that his Excellency the Governour have the 
thanks of this House given him for the care of this Prov- 
ince last summer, by -covering the frontiers with soe good a 
number of forces, which has prevented any inroad of the 
enemy. 

Nov. 17"'. 1708, past by the House of Representatives, 
and sent up to the Council for concurrence. 

Sam^ Keais, Clerk. 

17'" Nov'"-, 1708. 

Read in Council and agreed a concurrence, neniine 
contradicente. 

Cha : Story, Secretary. 

Adj'^ till 10 o'clock to-morrow morning. 



[p. 255.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', Thursday, 
the 18"' November, 1708. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ^ John Gerrish, ^ 

Roliert EUott, [ Esqrs. W" Vaughan, > Esqrs. 
Nath' Weare, ) Sam' Penhallow, ) 

John Plaisted, Esq. 
The following answer to his Excellency's speech was sent 
up to this Board by the House of Representatives. 

May it please your Excellency, — Wee, the Eepresentatives con- 
ven'^ in General Assembly, are higlily sensible of your Excellency's 
great care and good conduct of this lier Majesty's Province all 
along, which we are heartily thankful for, and pray the continu- 
ance of. 

We crave leave in some measure to make answer to your Ex- 
cellency's speech; wee are sensible by the Tx*easurer's accounts 



1708.] JOURNAL OF COUNCIL AND ASSEMBLY. 36D 

now before the Assembly, that there is money disburst by him the 
last summer past, and shall be ready and willing, in the season of 
it, to raise so much money as may be sufRcient to pay all Just 
Debts made appear to be due fortius year; but considering- the 
last Task [Tax?] of eleven hundred pounds being nothing near 
gathered into the Treasury, whicli at the raising thereof was ac- 
counted sufficient for payment of all Debts formerly due, also the 
poverty of the inhabitants and the great consternation the people 
will be put into if more mony should be i-aised, before the other 
tax be collected ; AVe also pray that at the raising of the next 
tax, wee may be allowed to I'aise what money may be sufficient 
for supporting our agent in England. 

Past by the House. 
18"' Nov., 1708. Sam' Keais, Clerk. 

[p. 250.] Ordered, that the Sheriff take care for tlic re- 
pair of the prison and the addition of a Leantoe* for a 
lodging for the keeper, and a yard about the whole building 
to prevent correspondence with the prisoners ; and that he 
desire the advice of the Gentlemen of the Council in Ports- 
mouth for the dimentions and manner of building ; the 
charge to be paid by the Treasurer. 

Voted, that the inhabitant freeholders of Kingston within 
her Majesty's Province of New Hampshire, from this day 
forward h.ave free liberty for sending one Representative for 
the said town to sit in General Asscmljly. . 

18"' November. Past by the Council and sent down to 
the House of Representatives for concurrence. 

Cha. Story, Secretary. 

Eodem die. Read in the House of Representatives and 
agreed a concurrence with the Honorable the Council. 

Sam' Keais, Clerk. 

Voted, that a committee of two persons, viz., Capt. Pick- 
erin and Major Smith, doe join with two of the Council to 
receive and examine the claims of all persons claiming 
debts due from this Province ; and lay the same before his 

* A part of a building which appears to lean on the main building. — Web. J>ic. 
24 



370 PROVINCE OF NEW-HAMPSHIRE. [1708. 

Excellency, Council and Assembly, at their next sitting, in 
order for allowance thereof. 

Past by the Honse. Sam' Keais, Clerk. 

Eodem die. Read in Conncil, and ordered that Mr. 

Treasurer Penhallow and Mr. Plaisted be a Comittee to join 

with the Comittee above, and that they sit the first Monday 

in December next, and so the first Monday in every month 

during this winter, and till the next session of the General 

Assembly, and that the Secretary sit with the said comittee 

and issue forth proclamations to notify all creditors to bring 

in their claims. 

Cha. Story, Secretary. 

[p. 257.] Ordered, that Robert Ellott and John Plaisted , 
Esqs., be appointed a comittee to audit tlie following ace"' of 
Mr. Treasurer Penhallow this afternoon, and to bring their 
report accordingly, viz : 

An Account Am° to IS'" : IV : 1'^, to sundrys advanced 
for supply of the fort W"^ and Mary. 

An Ace*, Am" 144 : 19 : 8, for subsistance of soldjers in 
the frontiers, &c. 

An Ace', Am° to 47 : 8 : 7, for sundryes advanced about 
entertaining the Govern"^ and Council, and other disburse- 
ments. 

The said Robert Ellott and John Plaisted, Esqrs., having 
audited the said acc*% made report to this Board that they 
had examined the same and find them to be just and honest 
ace"*. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. "STl 

[p. 259.] Province of New Hampshire. 

At a Council and General Assembly 
^ held at Portsmouth by prorogation, on 

Wednesday, the fourth day of May, 
1709. 

Present, 

Major W™ Yaughan, 

Robert Ellott, ) -^ Sam^ Penhallow, ) y 

John Gerrish, \ ^^'^^^' John Plaisted, j ^^^'^^• 

His Excellency the Governour's letter, dated Boston, the 

30*^ April, 1709, was communicated to this Board, being in 

lisec verba sequen : 

Boston, 30"^ April, 1709. 
Gentlemen : — 

"When I sent the last prorogation of the Assembly I intended 
certainly to have visited you and holden the Assembly, for which 
I had then very urgent reason, to take care to pay the Province 
Debts, "uiiich by the comittee I left at the last sessions (for that 
end) I hope is prepared and adjusted an account of all the Debts. 
I have now further reason to hold the sessions that you may take 
care to dischai'ge your agent's (Capt. Vaughau's) debts in England. 

But soe it is that their Majesties' commands for the service of 
Quebeck, &c,, are this day come to my hands, which beuig of the 
utmost consequence must necessarily take up all my time and 
thoughts at present. 

I therefore doe hereby order the meeting of the Council and the 
sessions of the Assembly, on Wednesday, where I desire this letter 
may be comunicated, and I desire you will proceed to an Act for 
granting to her Majesty a sum suflBcient for the payment of the 
debts, -svith addition of five hundred pounds to be applied, what 
is necessary of it, to the pajniient of tliic agent's disbm'se, and six 
hundred more towards the expense of the suunner for the forces 
in the great expedition commanded by her Majesty for the only 
benefit and everlasting settlement of these Provinces. 

[p. 260.] I need not say any tiling to you to induce your ready 
grant of whatsoever is necessary in these articles, and I pray you 
to let mc be so far a judge of them as to say, the sums i^ropounded 
are the least I can expect. 

Your Agent I'eturns with so much success and honour in your 
service, and the i^resent gi-eat expedition is so much our own, that 
wee shall surprize 'everybody not to be the first in our ready 
obedience. 



872 PROVINCE OF NEW-HAMPSHIRE. [1709. 

The Act may be past in a day or two in dvie form, with the usual 
preface, which INIr. Secretary will take care of, and if it be past 
and signed by the Secretary and Speaker and covered to me, I will 
sign it and return it. and this is all that I can doe at this junctifre ; 
Some time hence, I hope to visit you, and congratulate you upon 
all the heads of good news wherein your share is the greatest. 
I am. Gentlemen, your very humble servant, 

J. Dudley. 
To Mr. Secretary Story, to be comunicated to the Council, &c. 

The abovesaid letter having been read at this Board was 
sent down to the House of Representatives. 

Adjourned till to-morrow morning, nine of the clock. 



[p. 261.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Thursday the fifth day of ^lay, ante 
merediem. 
Present, 
Major W"^ Yaughan, 
Robert Ellott, ) ^^^^.^ Sam' Penhallow, \ ^ 

John Gerrish, \ ^'^^'' John Plaisted, | ^'^^'• 

Mr. Secretary Story was sent as a message to the House 
of Representatives to know if they had any business ready 
relating to the Queen's service to lay before that Board ; 
who answered, none at present. 

Adj'' till to-morrow, ten of the clock, ante merediem. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 373 

[p. 262.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday, the 
sixth day of May, 1709, ante mere- 
diem. 

Present, 
Major W™ Vaughan, 
Robert Ellott, ( ^^ ^.^ Sam' Penhallow, ) ^^ ^,g 
John Gerrish, j ^ * John Plaisted, ) ^ 

Ordered, that the Secretary write a letter to his Excel- 
lency, in ha3C verba sequen : 

JTay it 2^1 ease your Excellency : — 

The unexpected tidings of your Excellency's illness have occa- 
sioned more than ordinary thoughtfulness of the gentlemen of this 
Board, especially considering the present juncture; upon which 
we have desired Mr. Treasurer to signify our condolauce, and 
withal to give your Excellency an account of the proceedings of 
the Assembly at this session : wee humbly pray the favour of your 
Excellency's presence as soon as may consist with your Excel- 
lency's conveniency. 

Just now, being six of the clock in the aftei-noon, wee acciden- 
tally heard the sad news of four men that were yesterday at nine 
in the morning carried away from Pick. Pocket mill, at Exeter; 
But notwithstanding the General Assembly being sitting, wee had 
no advice from any officer there, which is very surprizing to us. 
Wee heartily wish your Excellency all happiness, and crave leave 
to subscribe, Sir, Your Excellency's most humble and obedient 
serv"*. 

Per Order of the Council. 

Chas: Story, Secretary. 

Ordered, that an Imbargoe be forthwith laid on all mer- 
chant ships and vessels in this port, and that proclamations 
be sent out by the Secretary in form of the proclamations 
published in the Massachusetts Goverment. 



374 PROVINCE OF NEW-HAMPSHIRE. ' [1709. 

[p. 263.] ProYince of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
12''' of May, 1709, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'^, &c., 
Major W"' Vaughan, Robert Ellott, ) j. .^ 
Peter Coffin, Esq., Sam' Penhallow, ) ^ 

John Plaisted, Esq. 
Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who actordingly 
came, and his Excellency was pleased to make the follow- 
ing speech, in hajc verba sequen : 

Gentlemen, — I was willing to see you at this time to congratulate 
you upon the great Articles before you, referring to her Majesty's 
good subjects of this Province. 

Her Majesty iu her Eoyal favour has given dispatch to your 
affairs depending in law, and at your humble instance and address 
has bestowed upon this Province for their defence, ammunition 
and other stores to a very great value, and to crown all her other 
favours, and to add to the glories other Reigne, is equiping a no- 
ble fleet for the reduction of the French and Indians, our barba- 
rous Enemies, and to put these Provinces to a lasting peace, which 
by experience wee find not to be obtained without such a superi- 
our force as her Majesty in her Eoyal wisdom has determined to 
advance, to an expense of the greatest value. 

I think it my duty hereupon to move you, after a Religious 
Thanksgiving to Almighty God, humbly also to address her Maj- 
esty with your sincere thanks for these great and* undeserved 
favours, and to resolve to manage yourselves so, iu all instances of 
duty, particularly in a cheerful obedience and preparation for the 
present expedition, which may assure her most sacred Majesty 
that your lives and estates are at her service at all times ; And that 
you will be just and raise what is necessary for the payment of 
your debts and the advance of the present expedition. 

[p. 264.] I had your assurance the last session that at the sea- 
son your Debts should be all paid, and accordingly to save the 
time wee left comittees to pass thro' the Debts, that wee might 
have no further trouble. If we expect the favour of Almighty 
God, and the protection of her Majesty, it is to be had upon no 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 375 

other terms than that of doing our duty, aud bciug just to all 
those that have served the Province, especially in the wars. If 
our soldiers be not paid, we must not expect to be defended. 

I am not to doubt of your readiness herein, and the atiairs will 
not allow me to tarry above two days in the Province, wherefore 
I must desire you to use all possible dispatch. 

Adjourned till three o'clock, post merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, tlie 
twelfth day of May, Anno Domini 
1709, Post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern our, &c., 
Peter Coffin, ) ^ Robert Ellott, ) ^ 

W" Yaug-han, \ ^^^'^- Sam^ Penhallow, j ^^^''^• 
John Plaisted, Esq. 
The following vote was sent up by the House of Repre- 
sentatives in hrec verba sequen : 

Yofed, That an Act be past for granting to her Majesty 
the sum of seventeen hundred and twenty pounds, to be 
paid in species or mony, at the value mentioned in the last 
tax, and to the uses following, viz. : Four hundred and 
forty pounds out of the first mony to be collected and to be 
[p. 265] improved in carrying on the expedition against Can- 
ada, &c. ; four hundred pounds to be paid Captain George 
Vaughan, our agent, towards his disbursments in England; 
one hundred and sixty pounds to his Excellency our Govern- 
our ; two hundred pounds for defraying Major Vauglian's 
disbursments when our agent, who borrowed money in 
England ; three hundred and fifty pounds to be paid the 
treasurer towards his disbursments for the Province ; one 
hundred and thirty pounds to the fort W'" and Mary ; 
■thirty-three pounds to Mr. Secretary Story, and seven 
pounds to Colonel Packer. The whole sum am" to seven- 



376 PROVINCE OF NEW-HAMPSHIRE. [1709, 

teen hundred and twenty ponnds to be raised and collected, 
viz. : four hundred and forty pounds, by the first day of 
September; and the other twelve hundred and' eighty 
pounds Ijy the last day of December ; and to be paid in the 
same species at the same prices as in the last Act of eleven 
hundred ])Ounds is specified, and no abatement to be made 
on any of those species in payment of the Debts. The 
Treasurer to have nine pence in the pound for receiving 
and paying. 

May 12"'>, 1709. 

Past by the House. 

Sam' Keais, Clerk. 
May 12^% 1709. 

Read at the Council Board, and consented to, nemine 
contradicente. 

Cha : Story, Secretary. 

[p. 2GG.] The following memorial was sent up to this 
Board from the House of Representatives, in htec verba 
sequen : 

A Memorial of wdiat is forthwith necessary for the«pres- 
ent expedition to Canada, which nothing but ready mony 
will purchase. 

A"iz : Forty four Barrels of Pork, repack' and cut up into 
mess pieces. 

One thousand weight of Bread. 

Three Hhds. of Rumm in the room of Beer for soldjers. 

AVine, Sugar and Spice for the Officers and sick men, 
twelve pounds. 

Forty bushels of peas. 

Four Barrels of flower. 

Eighty weight of Candles. 

Kettles, Bowls, Platters, Plank, Boards, nails, spikes, <tc., 
for store rooms and partitions. 

Two vessels, quantity one hundred and fifty tons. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 377 

Shirts, Jackets, shoes, stockings, neckcloths and Snap- 
sacks, one hundred of each to be forthwith advanced, and 
afterwards deducted out of the soldjers wages. 

Sam' Penhallow, Treasurer. 

Voted, that Mr. Treasurer be desired to provide pro- 
visions, etc., for our Quota of men to Canada. 

Ordered by the House. 

Sam' Keais, Clerk. 

12"' May, 1700. Read in Council and concurred with the 
Representatives, nemine contradicente. 

Cha. Story, Secretary. 

[p. 267.] An address to her Majesty was read at this 
Board, the House of Representatives being present, being 
in h£BC verba sequen : 

To the Queen's most Excellent Ilajesty. 
The humble address of your Majesty's most dutiful and Loyal sub- 
jects, the Goveruour, Council and Assembly of your Majesty's 
Provhice of New Hampshire, 
Humbly Shewetli: — 

That your Majesty's most loyal and dutiful subjects of this poor 
Province are deeply seusihle of your Majesty's favour and Justice 
in the dispatch and decision of the Trial betw^een Mr. Allen and 
Mr. AValdron ; referring to the estate of Lands of the said Waldron,* 
wherein all the proprietors of this your Majesty's poor Province 
are equally concerned, and which has been iu the cha'lleng-e of Mr. 
Mason and Mr. Allen for Thirty years last past, tho' the same Avas 
long before that planted and subdued by your Majesty's good sub- 
jects now here inhabiting, and by themselves and their fiithers and 
predecessors defended with their lives and estates for more than 
sixty years past, and to this'day. 

Wee do also most humbly acknowledge your Majesty's Royal 
favour and Bounty to your Majesty's most dutiful subjects, in the 
supply of PoAvder, field pieces, and stores Ordered to be sent 
hither, of which wee were in the greatest necessity, and which wee 
promise faithfully and thriftily to expend in the service ag' the 

* See Papers of the Superior Court of Judicature, relating to tliis Trial, in Vol. II., 
Prov. Pap., pp. 514-562. 



378 PROVINCE OF NEW-HAMPSHIRE. [1709. 

common enemy; and above all wee are [p. 268.] unspeakably in- 
debted to your Majesty's great care and concern for the preserva- 
tion and defence of your Majesty's good subjects, the inhabitants 
of these parts of America, in forming the present design against 
the French settlements at Canada, &c. ; of which we are advised 
by Colonel Nicholson and Colonel Vetch, to the promoting whereof 
we hold ourselves in duty bound to Contribute our utmost endeav- 
ors, being well satisfied the success of this undertaking will produce 
a lasting quiet and repose of all your Majesty's Provinces in New 
England ; and further, wee with all admiration adore the Divine 
Power in the glorious success of your Majesty's Arms in Europe, 
and pray to Almighty God the same may attend them in America ; 
that your Majesty's life and Eeign may be long and prosperous, 
and are 

Your Majesty's most Loyal and Obedient Subjects. 

. Cha. Story, Secretary. 

Signed in i)resence and by order of the Council. 
Portsmouth, in New Ilampsliire, 

in New England, 12t»^May, 1709. 

John Pickerin, Speaker. 

Signed in presence and by order of the House of Representatives. 

Adj'^ till to-morrow morning, 9 o'clock. 



[p. 269.] Province of New Hampshire. 

At a Council and General Assembly- 
held at Portsmouth, on Friday the IS**" 
May, 1709, by adj', ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
Peter Coffin, ) 

W" Yaughan, V Esqrs. Robert Ellott, ) -p 

John Gerrish, ) Sani^ Penhallow, j ^ ' 

John Plaisted, Esq. 

Mr. Treasurer Penhallow's account about the receipt of 
powder money for the year 1708, was this day read in 
Council, accepted and ordered to be put upon file. 

A vote relating to the payment of the Province Debts, 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 379 

past by the Council and sent clown to the House of Repre- 
sentatives, in haec verba sequen : 

May 13«\ 1709. 

Yoted in Council, that the Representatives be acquainted 
that we are sensible of the Debts due from this Government 
to several persons, soldjers and others, amounting to sev. 
eral hundreds of pounds, contracted by the.warr in six years 
last past. 

That the Council are sensible that the Governor in every 
session hath earnestly moved that the said Debts be adjusted 
and paid. 

That the Representatives have in several sessions prom- 
ised, and chose committees for ascertaining tlie Debts ac- 
cordingly, but to no effect, and officers and soldjers are daily 
complaining for want of payment. 

Upon all which the Council desire that this their vote may 
be entered in the Council Acts, for their justification ; that 
they are ready to adjust [p. 270.] and ascertain the Debts^ 
either by the whole Assembly or by comittees ; and to give 
their votes for the payment either in this session or the next ; 
and humbly desire that the Governour be acquainted with 
this vote in our own just vindication. 

Past in Council, neniine contradicente, and sent down to 
the House of Representatives. 

Cha. Story, Secretary. 

Adj'' till three o'clock, post merediem. 



380 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Friday, 
the 13"' of May, 1709, Post Merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 

Peter Coffin, J 

"W" Vaunhan, | Esqrs. Robert Ellott, ) ^ 

John Gerrish, ) Sam' Penhallow, ( ^ 

John Plaistcd, Esq. 
Adj'' till to-morrow morning 10 of the clock, ante mere- 
diem. 



[p. 271.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Saturday, the 14"' of May, 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
Peter Coffin, ) Robert Ellott, \ -^ 

'W^ Yaughan, [ Esqrs. Sam' Penhallow, j ^ 

John Gerrish, ) 

John Plaisted, Esq. 

The several votes following was sent up from the House 
of Representatives to this Board, viz : 

Voted, that whereas Richard Jose, late of Portsmouth, 
Esq., deceased, died intestate, and Hannah Jose, widow, 
relict and administratrix of the deceased, has applied to the 
Assembly for power to sell part of his Real Estate to pay 
the Debts, to which the personal estate will not amount : 

Ordered, that the said Hannah Jose, widdow and adm^, 
as above, doe forthwith make up her accounts with the Or- 
dinary, and obtain his certificate what the Debts amount 
unto more than the p'rsonal estate, and with that exhibit to 
the Assembly what it is of the Real Estate that she would 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 381 

sell, and for what price, that the Assembly may proceed 
thereupon. 

1-1"' May, 1709. Read in Council, Allowed and approved 
of and sent down to the House of Representatives. 

Chas. Story, Secretary. 

Past by the House. 

Samuel Keais, Clerk. 

1»' May, 1710. Ord'' out to ) 
Capt. Pickerin, for 20"«. \ 

Whereas, Major W™ Vaughan did formerly advance 
money for one Barrel of powder and Capt. John Pickerin 
for two more, which were delivered [p. 272.] into her Maj- 
esties fort at New Castle in the time when little or none 
was there ; and the French and Indian enemy at the same 
time daily expected ; neither of whome being yet satisfied : 

Yotcd, that his Excellency and Council be desired that 
they may be paid the same out of the next tax that shall be 
risen. 

May 14"', 1709. Past by the House. 

Sam' Keais, Clerk. 

May W, 1709. Allowed in Council, J 

and that thirty three pounds be ac- > 

cordingly paid them. ) 

Cha. Story, Secretary. 

"Whereas, Capt. George Vaughan, our Agent for England, 
is now returned and given us a good and satisfactory ac- 
count of his negotiations there, with several instances of 
her Majesties Justice and Bounty to her most Loyal and 
dutiful sulrjects, the inhabitants of this poor Province, par- 
•ticularly her justice in determining the title of the lands to 
the possessor against the claim of Mr. Allen, as also her 
Majesties favor and Bounty in granting us so large a supply of 
ammunition in this time of war ; and forasmuch as we find 
it necessary to make further application to her Majestic, in 
order to a further perfecting of the future quiet and happi- 
ness of this Province : 



382 PROVINCE OP NEW-HAMPSHIRE. [1709. 

Voted, that Capt. George A^aughan be continued our 
Agent ; and that he be notified to be ready to take another 
voyage for England in the service of the Province, as soon 
as he shall receive instructions from the Governour, Coun- 
cil and Assembly for the same ; and that we will at the next 
sessions raise money to support him in the service [p. 273.] 
both by defraying his charge and allowing him a salary for 
his service, as formerly. 

May 14"\ Past by the House — 1709. 

Sam^ Keais, Clerk. 

l-i"» May, 1709. Consented to in Council. 

Cha. Story, Secretary. 

Whereas, Mr. Francis Liford, of Exeter, was lately chosen 
Constable, to serve this present year, but being acc'"''^ very 
infirm by sundry ailments, whereby he seems very unfit for 
that service : 

Voted, that the town of Exeter forthwith choose a suit- 
able person to serve in the said Lyfords room, and that the 
selectmen act therein accordingly. 

Past in Council the 14"' May, 1709. 

Cha. Story, Secretary. 

The several Bills following, having been three several 
times read and passed both Houses to be enacted, were con- 
sented to by his Excellency and by him signed accordingly: 

An Act for raising 1720"''' for payment of the Province 
debts, providing for subsistance of our quota of men to join 
with the forces now designed against Canada, and for de- 
fraying the charges of our Agent for England. 

An Act for Continuing several rates and Duties of Excise, 
Custom, Impost, and Tonnage of shipping. 

His Excellency the Governor directs that on Wednesday 
or Thursday next, upon motion of [p. 274.] the House of 
Representatives to the Council, that they have done the set- 
tling and adjusting the Debts of the Province, that the said 



4 1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 883 

Council doe in his Excellency's name prorogue the General 

Assembly till Wednesday the seventh day of September 

next. 

J. Dudley. 

Adj*^ till Monday morning next, 10 of the clock, ante 
merediem. 



Province of New Hampshire. 

At a Council held at Portsmouth, on 
Monday the 16'^ May, 1709, by adj', 
ante merediem. 
Present, 
W"^ Yaughan, J 

John Gerrish, > Esqrs. Sam' Penhallow, ) j^ 

Robert Ellott, ) John Flaisted, \ ^^^^''*- 

Adj'^ till to-morrow morning, 10 of the clock. 



[p. 275.] Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Thurs- 
day the 17"' May, 1709. 
Present, 
W" Vaughan, ) 

John Gerrish, > Esqrs. Sam' Penhallow, ) j^ 

Robert Ellott, ) John Plaisted, ] ^^^^'^• 

The following votes were sent up to this Board, in haec 
verba sequen : 

New Hampshire, May 17^'', 1709. 

Whereas the four hundred pounds granted by this Assembly 

towards the defraying of the charge of Capt. George 

Yaughan, our Agent in England, cannot be imediately 

collected so as to answer the present occasion : 

Yoted, that the Treasurer be desired to take up so much 

money forthwith at interest, to pay the said sum with interest 

we promise to make good, until the four hundred pounds be 



384: PROVINCE OF NEW-IIAMPSHIRE. [1709., 

collected and paid into the Treasury according to the Act 

of Assembly. 

Past by the House. 

Sam^ Keais, Clerk. 

Voted, that the kindness and favor of Colonel Francis 
Nicholson, Esq., to our Agent, Capt. George Vaughan, in 
behalf of this Province be thankfully acknowledged, and 
that a letter be drawn up accordingly and signed by Mr. 
Speaker in behalf of this House. 

Past by the House. 

Sam' -Keais, Clerk. 
17"^ May, 1709. 

Adj'' till to-morrow morning, 10 of the clock, ante me- 
redicm. 



[p. 276.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday the 
18"> May, 1709, Ante Merediem. 
Present, 

W™ Vaughan, ) 

John Gerrish, f Esqrs. Sam' Penhallow, \ p 

Robert Ellott, ) John Plaisted, p^" 1'^' 

The House of Representatives sent u]) to this Board a list 
of what Debts they could find to be justly owing from the 
Province to the several persons therein mentioned, as upon 
file. 

(Sent it to Mr. Keais, 6'" Dec, 1709.) 

Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came. 

And the Gentlemen of the Council, pursuant to his Ex- 
cellency's direction, prorogued the General Assembly till 
"Wednesday, the 7"' day of September next. 

And accordingly the General Assembly is prorogued till 
Wednesday, the seventh day of September next. 



1>09.] JOURNAL OF COUNCIL AND ASSEMBLY. 385 

[p. 277.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday the 
27"^ June, 1709. 
Present, 
The Honourable John Usher, Esq., L* Governour, 
Peter Coffin, | ^ W™ Vaughan, ) ^ 

Robert EUott, \ ^"'i'^* . Sam' Penhallo^v, \ ^^'^'^^ 

John Plaisted, Esq. 
His Honor the L' Governor was pleased to make the fol- 
lowing speech, the Representatives being present : 

Gentlemen, — • , 

His Excellency having ace' your quota of men not to be had, 
transports not dispatched, not full care for supply for subsistance of 
soldjers for four months full pi'ovision from Nantaskett, and sub- 
sistance of soldjers while the forces stay; the 14* instant did 
Order me to come into the Province to lay the same before the 
Council, and take due care therein. 

Pursuant to his Excellency's directions, the Council called did 
sit ; my speech, with their answers, I have ordered the Secretary to 
lay before your Board as a memorial what to proceed on, to which 
refer. 

I have rec'^ from his Excellency, dated the 22'^ instant, to call you 
together and lay before you wliat otfered in Council, and their an- 
swer. 

There will be absolute necessity of raising three hundred pounds 
in mony forthwith ; the very charge of subsistance for the sold- 
jers while stay, will not amount to less than proposed; you must 
consider, Gentlemen, the Treasurer is every week in advance al- 
ready money for subsistance of your men. 

I laid before the Council my coming into the Province last year 
in great hazard of my life ; spent my time & estate for service of 
the Province, and not one penny rec'^ ; And now by his Excellency's 
command am come into the Province, Couucil taking the same 
into consideration did pass a minute, it be laid before next As- 
sembly, which you are, which minute the Secretary will bring be- 
fore you. 

[p. 27S.] I do recommend to your consideration the I'aising of 
three liuudred pounds for the present expedition to Canada, and 
mony for time and expenses I have been at in serving the Province. 
25 



386 PROYINCE OF NEW-HAMPSHIRE. [1700. 

Gentlemen: — 

You may soon dispatch what is laid before you for consideration. 

His Excellency gives his service to you and to let you know the 
honor of the Government doth lie at stake, for having a full supply 
of your quota of men and disbursement, that may be for tliis ex- 
pedition. 

I am informed her Majesty's fleet from Great Britain, bound 
hither, is set out. Hope you will be expeditious in your results. 

By Mr. Penhallow, I received^a letter from his Excellency, 24''* 
June, to be communicated to this Assembly ; Have Ordered Mr. 
Secretary so to do. 

Likewise have another of the same date, giving an account of 
two hundred Indians come over the Lake from Mount Royall; 
been thirty two days on their March. On receipt thereof the 
Troo^)S and forty men are ordered upon duty, but no provision ; 
neither is there provision for men at the fort ; Supplies for which 
will not be less than 100"'% which must speedily be raised, by reason 
advance last year for provisions for soldiers in service not paid, 
none will now advance. 

I have ordered the Treasurer to lay before this General Assembly 
a true statement of what's recommended now to you ; And Order 
Mr. Secretary to ^Dresent you with a minute of Council as for sup- 
plies. 

The House of Representatives sent up the following vote, 
viz : 

To the hon'"'^ Jn° Usher, Esq., Lieut. Gov'' of this Province, 
and. Council : 

May it please your Hon'"% in answer to the L' Gov''* 
Speech, as given by his Excellency's direction to the As- 
sembly, setting forth the raising more money for supplies of 
our quota of men in the Expedition to Canada, We crave 
leave to inform, that our poverty is such that one third of 
the inhabitants have not bread to eat, nor wherewithal to 
procure it ; there being a 1700"' tax forthwith to be paid, 
which we fear will be very hard and difficult for the poor 
people to pay. The raising more mony soe suddenly will 
put the inhabitants into such a consternation that we fear 
all will be in a flame ; however, have agreed to raise 150"'^ 
for defraying those charges proposed in your Hon''* speech, 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 387 

as is particularized in our Tote sent up, y' being the sum of 

what we can do at present. 27* June, 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

The following vote was sent to this Board by the House 
of Representatives, in hjBC verba : 

Pursuant to the Hon'^^^ John Usher, Esq., L* Govern" 
speech to the Assembly by his Excellency's direction, setting 
forth the necessity of raising more mony for subsistance of 
our quota of men in the Expedition to Canada, and the 
scouts on the frontiers, both of foot and Horse : 

That a Rate be made on all persons and estates through- 
out this Province, to the value of one hundred and fifty 
pounds, in equal proportion on the several towns, to be 
forthwith collected and paid to the Treasurer within three 
[p. 279.] months, as aforesaid by Law, for the Constables 
gathering Rates ; five pounds whereof to be paid to his 
Honor the Lieut. Governor, fifteen pounds to be laid out for 
provisions for foot and horse appointed to be a scout on the 
frontiers ; and one hundred and thirty pounds for support 
of our quota of men, being ninety four men bound for 
Canada. 

Past by the House. 

Sam' Keais, Clerk. 

Pray the said vote may be enacted and engrossed. 

Sam' Keais, Clerk. 
27* June, 1709. 
This vote was consented to by the Council. 

Cha : Story, Secretary. 

June 27*, 1709. Read in Council, and they desired his 
Honor would call the House of Representatives and hold a 
conference, for that the sum of 150 lbs. would not answer 
the ends proposed. 

His Honor the Lieut. Governor sent Mr. Secretary Story 
as a message to the House of Representatives, to call them 



388 PROVINCE OF NEW-HAMPSHIRE. [1709. 

to this Board, who accordhiglj came, and his Honor did 
acquaint them that the sum of 150 lbs. mentioned in their 
vote would not answer what he proposed to them in his 
speech ; and that the equipping of the transport vessels to 
Sea with good ground tackling, &c., being for the safety of 
men's lives, was of as absolute necessity as any thing else ; 
and that it was the mind of the Council they raise more 
mony to answer all things mentioned in the said speech, if 
they made it payable, six, nine, or twelve months hence, 
So then the Treasurer could provide at present all necessa- 
ries needful, he having a fund for the same and they allow- 
ing interest. 

The Conference being over, the Representatives went to 
their House and immediately sent up the following vote to 
this Board : 

May it please your Honors, — 

As to the Second motion made by the Hon'^''^ the Lieut. 
Governour, for raising more money than voted for already, 
we humbly answer, wee have already laid before your Hon- 
ors the poor state and condition of our Inhabitants, how 
iincapable they are. Wee further crave leave to inform 
you -as to the state of the fort at [p. 280.] New Castle. 
There is a stated company of men there, paid both meat 
and wages by the Province. If those should not be suffi- 
cient, we pray your consideration in this, that whereas by 
Law one half of every company are, on any alarm, forth- 
with to march thither for relief, not only this, but the 
whole town of New Castle have been and still are, exempt- 
ed from all other services save there ; And for their doing 
duty at said fort will be far easier to them than any other 
town, all the frontiers being constantly on duty, watching, 
warding, and scouting, finding themselves provisions ; and 
for such to be taxed for finding others that doe nothing 
near their duty would be a hardship on her Majesty's good 
subjects of the frontier ; And that if more men must at- 
tend the fort it may be done by those of said New Castle 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 389 

that do no other duty. All which we humbly offer to con- 
sideration, being humbly of opinion New Castle men suffi- 
cient to supply the said fort with men, and find themselves, 
as others of the frontiers do, and that the mony already 
raised may attain the end for present. 
June 27% 1709. 

Past by the House. 

SamI Keais, Clerk. 

His Honor was pleased to acquaint the Gentlemen of the 
Council that according to his Excellency's Commands he 
had called an assembly and had laid before them the great , 
necessity of raising three hundred pounds for subsistance 
of our quota of men, as also to raise mony for provisions 
for the fort W™ and Mary, and for the troops and forty sol- 
diers to scout at the frontiers, the enemy being expected 
every day. And that the equipping of the transport vessels 
to sea with good ground-Tackling, &c., being for the safety 
of men's lives, was of as absolute necessity as any thing 
else, and that instead of raising mony sufficient to answer 
those ends, they have only raised one hundred and fifty 
pounds, which is much short of what his Excellency ex- 
pects. Therefore his Honour communicated his Excel- 
lency's letter to this Board, of the 22'^ current, relating to 
the Assembly, and desired their advice therein, which let- 
ter is in the hand of the L' Governour. 

[p. 281. J The Council were of opinion that it was very 
proper the Assembly should be dissolved. 

Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came. And the Act, — 

Entituled An Additional Act for the subsistance of our 
quota of men to join with the forces now designed against 
Canada, &c., was past and enacted. 

Then His Honor the Lieut. Governor, by advice of the 
Council, dissolved the Assembly : And the Council advised 



390 PROVINCE OF NEW-HAMPSHIRE. [1709. 

that another be called, and sitt on Thursday next, ten of 
the clock in the forenoon, to which time the Council is ad- 
journed. 

[p. 282.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
. 30*'" June, 1709. 
Present, 
The Honourable John Usher, Esq., Lieut. GoTernour, 

Peter Coffin, ) 

W" Vaughan, > Esqrs. Sam^ Penhallow, ) -p 
Robert Elliott, ) John Plaisted, \ ^^'^'''• 

Mr. Sheriff made return of his precept about the elec- 
tion of a new Assembly. 

Peter Coffin and W™ Yaughan, Esqrs., were appointed 
to goe to the House of Representatives and administer the 
oaths appointed by Law to the Assembly men returned by 
the Sheriff, and that Mr. Secretary Story attend the said 
Peter Coffin and W™ Vaughan, to administer the oaths 
accordingly. 

The names of the Assembly men that then took the 
oaths appointed by Law, viz. : — 

Portsmouth. Dover. 

Capt. Mark Hunkin, ' Nath^ Hill, 
Richard Gerrish, Steph. Jones, 

Sam^ Keais. Zekiel Wentworth. 

Hampton. New Castle. 

Major Joseph Smith, Theodore Attkinson, Esq. 

Dan' Tilton, 
Ephraim Marston. 

Exeter. 
Theophilus Dudley, ) g^^^.^ ^^^ ^,, j^^ ^^^^c,. 
Nicholas Gilman, \ -^ ' 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 3-91 

Mr. Plaisted was sent as a message to the House of Kep- 
reseiitatives to direct them to proceed to the choosing a 
Speaker of this House. 

The House of Representatives being called to this Board 
presented their Speaker, Mark Hunkin, Esq., which his 
Honour allowed, and then made the foil, speech, in htec 
verba : — 

Gentlemen: — I ara glad of the oppoi-tunity of meeting with 
you, and to see your readiness ; security of life and estates de- 
pends upon your proceedings and dispatches ; what was laid before 
last assembly shall order the Treasurer and Secretary to lay before 
you, to which refer for your consideration : 

[p. 283.] Supplies for subsistauce of soldjers, equipping trans- 
ports, &c. ; for which purpose three hundred pounds, if money be 
not raised, your frontiers not safe, and transports will not be fitted 
out. 

For answering the abovesaid, jn-opose an Act for a sum to be 
paid into the Treasury about nine or twelve months hence, and 
the Treasurer to take mony at interest, for the same, what ad- 
vanced being all ready mony. 

That Honourable last Assembly was pleased to raise 150 lbs., 
signifying the last Assembly before their then sitting had raised 
1700 lbs. ; and that the raising more mony soe suddenly will put 
the inhabitants into a consternation, that they did fear all would 
be in a flame ; if mony be not raised, if all be not in a flame, all 
must sink. 

I am surrounded with great complaints, great Debts due, and 
some of long standing, and persons cannot obtain their rights, nor 
have their ace"* justly adjusted for relief therein ; hope you will 
take care at your next session to relieve the oppressed, and do 
justice to all. 

Gentlemen, — I hope you will shew yourselves loj-al subjects 
and true Lovers of yo'' Country, in dispatching what is laid before 
you for supplies in Expedition to Canada, And security of this 
her Majesty's Goverment. 

His Excellency's letter of the 28"' curent, directed to 
Colonel Usher, Lieut. Governour, relating to Transports and 
raising mony for quota of men, and to send thirty men 
wanting of our complement, was communicated. Letter 
left with the L* Governour. 



392 PROVINCE OF NEW-nlMPSHIRE. [1709. 

His Excellency's letter of the 28"' curr', directed to the 

Honorable Major W'" Vaughan, Esq., was comunicated to 

this Board, in ha?c verba sequen : 

Boston, 28"^ June, 1709. 
Sir : — 

Tlie worst tiling is coming towards the Province of Xew Hamp- 
shire that ever yet happened to them, that is the loss of their rep- 
utation with her Majesty and the Government ; I have here but 
sixty men of one hundred, and eight of them are ah-eady run 
away ; And all your Goverment civil and military are not able, 
and therefore not willing to raise, them ; and the reason is because 
the Assembly has not in time past i^aid them as [p. 284.] they 
ought; nor will now raise the mony necessary for them, which I 
must plainly lay before her Majesty, if not now complied with. And 
there are men in the world will be glad of such a handle to doe 
their own business by. If I have not thirty men sent, I am also 
ui"»on the defense of my self at home. 

I can boast how I have with five hundred men at a time defended 
the Province with the Massachusetts men and mony; and am 
ready always to do it; and expect to be obeyed when her Majesty's 
commands are so just and good. 

I desire you to comunicatc this letter to the Gentlemen of the 
Council, Mr. Waldron and others, who have reason to concern 
themselves in this soe great a failure. 

And let it be lodged with Mr. Secretary for my own justification, 
Avhich I must take care for. 

Your servant, J. Dudley. 

To the Honourable AVilliam Vaughan, Esq. 
To be communicated. 

Portsmouth. 

The Council desires that the above letter be comunicated 
to the General Assembly by Mr. Secretary Story. 

His Honour the Lieut. Governour Ordered that the same 
be communicated accordingly, which was done. 

Adj'^ till 3 o'clock, post mercdiem. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 393 

[p. 285.] Province of New Hampsliire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
30"' June, 1709, by adjournment. Post 
merediem. 
Present, 
The Lieut. Govern^, 
Peter Coffin, } ^ W™ Yaughan, ) ^ 

Robert Elliott, ] ^^^^^' Sam' Penhallow, \ ^^^^'^• 

John Plaisted, Esq. 
Mr. Secretary Story was sent as a message to call up the 
House of Representatives to this Board, to hold a confer- 
ence relateing to the Town of Exeter not having made a 
return of the election of their Representatives. 

The House of Representatives accordingly came up, and 
his Honour the Lieut. Govern'' acquainted them, that whereas 
the town of Exeter had neglected to make a returne of their 
Representatives chosen by virtue of a precept from the 
sheriff to them directed, that the House of Representatives 
had full power to issue forth their warrants to summon all 
the select men of the said town to appear before them and 
shew cause why they neglected to make such return ; 
And if they find them to be guilty of contempt or other 
fault, they had power to fine them as they should see meet. 
Adj'' till ten of the clock, to-morrow morning. 



[p. 286.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Friday 
the first day of July, 1709. 
Present, 
The Hon'''® the Lieut. Governour, 
Peter Coffin, )^ Robert Elliott, )^ 

W^' Yaughan, j ^^"l'^" Sam' Penhallow, j ^^^^^• 

John Plaisted, Esq. 



394 PROVINCE OF NEW-HAMPSHIRE. [1709. 

The following vote relating to two members of the House 
of Representatives was sent up to this Board, in hoBC verba : 
May it please your Honour, — 

The select men and town clerk of Exeter have this morn- 
ing satisfied this House that Capt. Theophilus Dudley and 
Capt. Nicholas Gilman were at a legal town meeting chosen 
their Representatives ; we humbly pray they may be quali- 
fied in order for their admission. 

July l^S 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

Ordered, that Major TV™ Yaughan and Peter Coffin, Esqs., 
tender the oaths appointed by law to Capt. Theophilus 
Dudley and Capt. Nicholas Gilman ; And that the Secretary 
Administer the same, which was accordingly done. 

Mr. Secretary was sent as a message to call the House of 
Representatives up to this Board, who accordingly came. 

His Honour the Lieut. Gov"^ made the following speech, 
in hsec verba sequen : 

Gentlemen : — 

In the evening 30* June last I reC^ from Captain James Davis at 
Oyster River, an account one Stevenson was killed by the enemy at 
four in the afternoon ; lie, with his company upon the march ex- 
pected a body of the enemy near; prays for help. I iinediately 
Ordered half of Hampton and half of Portsmouth to march . Capt. 
Thomas Pliipps, Esq., High Sheriff, [p. 287.] with great chearful- 
uess, in jierson otfered to march with his men to their reliefe, who 
accoi'dingly did, 

I am informed the shallops at sea make discovery of the enemy. 

I laid before the last Assembly the raising mony sufficient for 
provision for soldjers for defence of the Province, but they would 
not. 

I must acquaint you I have but one day's provision ; what I 
recommend to you, I hope you will Ilonourablj' comply ; you be- 
ing surrounded by the enemy hope will make you expeditious in 
your results. 

Adj"^ till two of the clock, Post merediem. 



1709,] JOURNAL OF COUNCIL AND ASSEMBLY. 395 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Friday, 
the 1"' July, 1709, at Portsmouth, Post 
merediem. 
Present, 
The Honourable the Lieuten* Governour, 
Peter Coffin, )^ W- Yaughan, )^ 

Robert Elliott, j ^^^''^' Sam^ Penhallow, \ ^^^'^^• 

John Plaisted, Esq. 
The following vote was sent up from the House of Rep- 
resentatives to this Board, in hsec verba : 

3fai/ it 2>lease your Honour, — 

"Wee have cousidered the proposals laid before us and doe fiud 
it of absolute necessity (tho' wee are present not able) to raise 
cue hundred and fifty pounds, and therefor have voted accordingly, 
that time be given for payment ; we note in your Honours speech 
to us, that the Treasurer should show us the state of the Pro\ince, 
which wee have perused, and hope what already hath been grant- 
ed by the former Assembly, with this may be sufficient for the 
Treasurer's supplying provisions, &c., forsoldjevs, at her Majes- 
[p. 288.] ty's fort, and for what may be necessarily ordered on 
the frontiers, besides his equipping the exi)edition for Canada, 
and therefor accordingly it is 

Voted, That the hundred and fifty pounds be applied first to the 
equipping the Transports for the Cannady expedition, and for sup- 
port of what soldjers shall be necessarily posted at her Majesty's fort 
and scouting on the frontiers ; and that the Rate or tax therefor 
be duly laid on all persons and estates, equally divided for each 
town, by the first day of March next, and order for the payment 
thereof, by the last of May then next following, to the Treasurer, 
for the time being. 

"Wee also are sensible that a great deal of injustice hath been 
done to the poor inhabitants of this Goverment, which we think 
hath much been an hinderance and haul back to the noble expedi- 
tion against Canada, and also to our Trade in this Government, 
which is so well seated for Trade and the fishery, by which reason 
many well minded go from us : "We therefore intend al our next 
session to inquire into, and amend all just grievances that lie 
before us, and for the future — 



396 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Resolve : — 

That all persons employed for necessary sendee in the Queen's 
employ, shall bring- in their acc*« thereof every year, or every half 
year, nnto a comittee therefor appointed; and care shall be taken 
for the payment of such debts as shall be allowed and found 
honest. 

July 1st. 1709. Past by the House, 

Sam' Keais, Clerk. 

His Honour the Lieut Governour ordered Mr. Secretary 
Story as a message to call the House of Representatives to 
this Board, to hold a conference, who accordingly came and 
brought up with them the following vote : 

[p. 289.] Wee having considered the great necessity 
of carrying on the expedition against Canada, do vote : — 

That one hundred and fifty pounds be raised on all per- 
sons and estates by an equal proportion for each town, for 
the fitting out and equipping the said Transports; and 
that the tax therefore be committed to the Constable hy 
the first of March next, and order for the payments by the 
first day of May then next following, to the Treasurer, for 
the time being. 

Past Ijy the order of the House of Representatives. 

1st July, 1709. Sam> Keais, Clerk. 

His Honour the L* Gov^ was .pleased to acquaint them, 
that in their vote they had only raised money for equipping 
Transports, and had omitted taking care for provisions for 
her majesty's fort W" and Mary, and the Troop now out 
a scouting after the enemy, and other foot scouts constantly 
sent out. 

The Bill following having been three several times read, 
and past both Houses to be enacted, was consented to by 
the Hon'^^'^ the L* Governour, and by him signed accordingly ; 
viz : — 

An Aot for equipping her Majesty's two transport vessels, 
belonging to this Province, now bound nponan expedition 
for her Majesty's especial service to Canada ; for provisions 



1709.] JOURNAL OF COU^•CIL AND ASSEMBLY. 897 

for the soldjcrs at her Majesty's fort W™ and Mary ; and 
for the scouts at the frontiers. 

Ordered, that the said 150"'^ be disposed of as folh, viz: 
100"'^ for the Transports, 30"'« for provisions at the fort W" 
and Mary, and 20"^* for the frontiers. 

Prorogued till Monday come 14 days, being the 18th 
instant. 

Pursuant to his Excellency's commands the Assembly 
was prorogued till Wednesday, the 17th August, 1709. 

Met, and prorogued till Friday, the 19th Aug., curr*. 



[p. 290.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, 
on Friday, the 19th of August, Anno 
Domini 1709. 
Present, 
Peter Coffin, J Wm. Vaughan, ) 

Robert Elliott, > Esqrs. Sam^ Penhallow, [ Esqrs. 
Nath' Weare, ), John Plaisted, ) 

Mr. Secretary Story was sent as a message to the House 
of Representatives to call them up to this Board, who ac- 
cordingly came, and his Excellency the Governour's letter 
of the 16th curr* was comunicated to the General Assembly, 
in h£ec verba sequen : 

Boston, August IG, 1709. 
Gentlemen: — 

The delay of the fleet for the expedition has eaten one month 

of your provisions for your sokljei-s, and the return in the winter 

demands two months more, for fear of being blown off and 

starved, which the other goverments, at my desire, have supplied. 

I desire you will give your vote accordingly, and direct the 

Treasurer to take care therein, as well as for a supply of more 

clothing: and that you will enable him to do it. 1 hope I may 

see you in October, and set \ our affairs in the best order you and 

I can. 



398 PROVINCE OF NEW-HAMPSHIRE. [1709. 

The Massachusetts have given each soldjer a warm coat, of 
twenty shillings price. You will Honour your selves to doe the 
same ; you will please to consider this and rise in two days. 

And I do hereby prorogue the Assembly to Wednesday, the 19th 
of October next. 

J. Dudley. 

To the General Assembly of the Province of New Hampshire. 
To Mr. Secretary Story, to be communicated to the General As- 
sembly of her Majesty's Province of New Hampshire. 

[p. 291.] The following vote was sent up from the 
House of Representatives to this Board : 
Voted, 

That the Treasurer be desired to continue the subsistance 
of the soldjers bound against Canada ; and in case they 
proceed this winter, to advance two months provisions 
more than already raised, for which we promise care shall 
be taken for payment of in as soon' convenient time as 
may be after the collection of what is already granted. 

Aug* 19th, 1709. 

Past by the House. 

Sam' Keais, Clerk. 
Aug. 19th, 1709. 

Read in Council, allowed and ap- 
proved of, nemine contradicente. 

The General Assembly, pursuant to his Excellency's 
letter before mentioned, is prorogued till Wednesday the 
19th of October next. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 899 

[p. 292.] Province of New Hampshire. 

At a Council and General Assembly, 
held' at Portsmouth, the 2G"' of Sep- 
tember, 1709. 
Present, 
Major W« Vaughan, ) ^ John Gerrish, ( ^ 

Robert Elliot, j ^^^'^- Sam> Penhallow, \ ^'^'^• 

John Plaisted, Esq. 
His Excellency's Letter of the 21^' current, in hsec verba 
sequen., was read at this Board : 

Boston, 21^' Sept., 1709. 

Gentlemen, — Colonel Vetcli, her Majesty's agent for the Expe- 
dition to Canada, has desired a meeting of the several Gover- 
ments to consult and advise what is to be done in case her Majes- 
ty's comands should not arrive ; to sit at Ehode Island, or some 
middle place. 

I direct that you agree among yourselves of one gentleman of 
the Council and two other of the Eepresentatives, such as the 
Speaker and soe many of the gentlemen of that House as can 
meet shall choose, to attend me to that Congress ; it is probable I 
shall proceed about this day fortnight. If the gentlemen be ap- 
pointed and ready, they shall have another letter from me what 
day to come away. 

There must be no doubt made of obedience to this order, as we 
tender our obedience to her Majesty, and our hopes other further 
favor ; the benefit will be a joint representation to her Majesty to 
bear a part of the past charge, and to put forward the expedition 
next year, and to represent that your quota is too high, consider- 
ing you are a frontier. 

The Treasurer must assist those three gentlemen with subsist- 
ance, and I shall dispatch them home as soon as I can. 

[p. 293.] I forget the prorogation, the time of it; but you are 
hereby allowed to call together the Eepresentatives for this er- 
rand and business ; Mr. Penhallow or Mr. Waldron must stand 
for the Councillor. And if the commons please they may send 
Capt. Vaughan for one of the commons, who perhaps may repre- 
sent the matter in England ; for that I am of opinion that Con- 



400 PROVINCE OF NtW -HAMPSHIRE. [1709. 

gi'ess "will send some g-eiitleman home to cany their papers. Let 
me hear from you by exi)i'ess forthwith. 

Your humble servant, 

J. Dudley. 
On her Majesty's service. 

To Mr. Secretary Story, to be communicated to the Council. 
New Hampshire. 

Voted, that Samuel Penliallow, Esq., goe as one of the 
Council to his Excellency, to meet the several Goveriiours 
at Rhode Island, or where they are appointed to meet, to 
advise what is to he done relating to the expedition to Can- 
ada, in case her Majesty's commands should not arrive. 

Past by the Council, nemine contradicente. 

Cha : Story, Secretary. 

The above vote was ordered to be sent down to the House 
of Representatives by j\[r. Secretary Story, whicli was sent 
back to this Board from the said House, with the following 
addition : 

Voted, that Mr. Speaker and Major Joseph Smith goe 
from the House of Representatives. 

Past by the House. 

Samuel Keais, Clerk. 

Upon reading the above vote from the House of Repre- 
sentatives, it was ordered at this Board, that Samuel Pen- 
hallow, Esq., and Mr. Secretary Story, go as a Message to 
the House of Representatives, to acquaint tlicm with the 
purport [p. 294.] of his Excellency's letter relating to Capt. 
Vaughan, and our quota of men, &c. 

The representatives were pleased to answer, they had 
well considered his Excellency's letter in every particular, 
before they made their vote. 



1709.] JOURNAL OP COUNCIL AND ASSEMBLY. 401 

[p. 295.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, 
on Monday, the twenty-eighth day of 
November, 1709. 
Present, 
Peter Coffin, ) Robert Elliot, ) 

W'" Yaughan, > Esqrs. Sam' Penhallow, [ Esqrs. 
Nath' Weare, ) John Plaisted, ) 

His Excellency's letter of the 21'' curr' was read at this 
Board, in Iubc verba sequen : 

Sir: — Notwithstanding' my last ordering a prorogation, I now 
dii-ect that the Assembly sit on Friday, to go tlirougli the article 
of the agency agreeable to what I have written to the Speaker, and 
when that is done, then pi'orogue for a week, as I directed. 

I desire the gentlemen of the Council to put that matter in a 
true light, that the agency is very important, and will be very 
short, and must not be very changablc, and if the Comons come 
into the vote for an Agent, the person, instructions and charge 
shall be after adju.sted. 

Let the Comons be disposed to raise the mony for the payment 
of their debts ; and that they may know them, let Mr. Treasurer 
give them a state of their debts, and direct Colonel "\Yalton, in 
my name, to see the muster rolls of both companies made up fair, 
and Mr. Treasurer for Transports, &c. 

The whole charge Avill be paid here in twenty days, and your 
Goverment cannot be supported but by justice. 

If the sum be now granted, it will be May before it be gath- 
ered. Let the geutlemen of the Council take care for the Honour 
of the Government in this matter. 

I am j^our servant, J. Dudley. 

To Mr. Secretary Story, to be communicated to the gentlemen 
of her Majesty's Council, Portsmouth. J. Dudley. 

[p. 296.] Nathaniel Weare and Samuel Penhallow, 
Esqrs., were sent to the House of Representatives with 
Mr. Secretary Story, to qualify Mr. James Rendall to sit as 
a member of that House, who accordingly took the oaths 
appointed by Law. 

Adj'' till to-morrow morning, ten of the clock. 
26 . 



402 PROVINCE OF NEW-HAMPSHIRE. [1709. 

Province of Xew Hampshire. 

At a Council and General Assembly, 
held at Portsmouth, on Tuesday, the 
29^1^ day of November, 1709. 
Present, 
Peter Coffin, \ Robert Elliot, J 

W'" Vaug-han, > Esqrs. Sam^ Penhallow, > Esqrs. 
Nath. Weare, ) John Plaisted, ) 

The Plouse of Representatives was called up to this 
Board, who accordingly came, and the Gentlemen of the 
Council was pleased to acquaint them that, — 

Pursuant to the Gove""® letter of the 21" curr\ respecting 
the agency and supporting of this her Majesty's Goverment, 
by defraying the charge thereof, we think meet to inform 
you the absolute necessity of one and the other : as to the 
former, that it would be of great advantage to lay before 
her Majesty the bleeding state of this Province, by reason 
of a long war, that our quota of men may be regulated, 
and the late charge considered ; and whereas the neighbor- 
ing Goverment have had their rites and priviledges con- 
firmed by a due application unto her Majesty, that the like 
application be done respecting this [p. 297.] Province ; 
which wee conceive cannot be so well done without im- 
proving or sending one from hence. 

Colonel Walton will wait on you to-morrow morning with 
the muster rolls, and Mr. Treasurer will lay before you the 
present state of the Province, which wee hope you will con- 
sider, and take due care for a speedy payment of the debts, 
for that the Honour of the Goverment cannot otherwise be 
supported. 

The following vote was sent up to this Board by the 
House of. Representatives : 
May it please your Honors, — 

We have perused and considered the proposals given us. 

We think it necessary that our circumstances be humbly 
laid before her Majesty in order for our grievances to be 
redressed and our properties confirmed. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 403 

Wee having considcrecl the former, do think if any ex- 
pedition intended against Canada next spring, our improve- 
ment in sending by letter, or a person on purpose, will be 
too late to relieve any grievance therein. 

Wee have considered the necessity of having our rites 
and properties confirmed by her gratious Majesty ; Also the 
charge of sending an Agent ; Tliink as your Honours first 
propose — improving a person there may be as advantageous 
and less charge much than sending ; which person or per- 
sons so to be improved, we pray to be advised of, by those 
Gentlemen that hath been improved in the Agency for this 
Province. 

Wee have considered and resolved when we know the 
debts of the Province, to pay them as soon as possible wee 
are capable. 

Voted, at the House of Representatives, the 29*"^ Novem- 
ber, 1709. 

Sam' Keais, Clerk. 

Adj*^ till to-morrow morning, 10 of the clock. 



[p. 298.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Wednesday, 
the 30'^ of November, 1709. 
Present, 
Peter Coffin, J Robert Elliot, ) 

W"^ Vaughan, \ Esqrs. Sam' Penhallow, S Esqrs. 

Nath. Wear, ) John Plaisted, ) 

The two following votes were sent upp to this Board by 
the House of Representatives, viz : 
May it please your Honours, — 

By the account and Muster Rolls laid before us by the 
Comissary General, wee find the ijrovince in debt ; and in 
order for a right knowledge of the sum, wee pray that a 
public notification may be given for each person in the 



404 PROVINCE OF NEW-HAMPSHIRE. [1709. 

province to bring in tlicir claims to some or one member of 

this House, so that there may be care taken for the payment 

thereof. 

Nov. 30"S 1709. 

Past by the House. 

Sam^ Keais, Clerk. 

It is desired by this House, that the Honourable Council 
of this Province, in his Excellency's the Governour's ab- 
sence, take into their consideration to dismiss the several 
soldjers belonging to the several Towns of this Province 
now at the fort W"' and Mary, only the four standing sold- 
jers there belonging, which has been practicable to be re- 
leased before this time of the year. 

Nov. 30% 1709. 

Past by the House. 

Sam^ Keais, Clerk. 
Prorogued. 



[p. 299.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday the 
second day of December, 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
Peter Coffin, )^ Robert Elliott, l^ 

W^ Vaughan, j ^^^^^- Sahi^ Penhallow, \ ^''^^^• 

John Plaisted, Esq. 
Voted, that John Campbell, Post Master General, be paid 
out of the Treasury in course eighteen pounds, for his service 
in taking care of all Expresses, and his Excellency's Let- 
ters to and from this Goverment. 

Adj*^ till to-morrow morning, 10 of the clock ante me- 
rediem. 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 405 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmoutli by adj', on Satur- 
day, the third day of December, 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &g., 
Peter Coffin, ^ 

W™ Vaughan, i Esqrs. Samuel Penhallow, ) -^ 
Robert Elliott, ) John Plaisted, \ ^^^^'^* 

The following vote was sent upp to this Board, from the 
House of Representatives : 

May it please your Excellency, we are sensible that it is 
our duty and will [p. 300.] be our interest to represent the 
poor distressed condition of this Province to her Majesty, 
in order to have our grievances redressed, and thereby our 
frontiers defended and preserved against our enemies, 
which we may fear will visit us ; and are considering thereof. 
Also the acc"^ of our Debts and taking all possible care for 
the payment thereof, that soe we may, as our intention is, 
do justice in all things. 
S" Dec, 1709. 
Past by the House. 

Sam^ Keais, Clerk. 

The petition of several of the inhabitants of Quamscott 
was read at this Board, in haec verba sequen : 

To his Excellency Joseph Dudley, Esq., Gov"" aud Comander in 
chiofe of her Majesty's Province of Kew Hampshire, in New 
England, and to the Honorable the members of her Maj"'™ 
Council in the said Province : 

The humble petition of the inhabitants whose names are here- 
unto subscribed, living within the Bounds of Quamscott patent in 
New Hampshire, 
Humbly Sheweth, — 

That your petitioners are in number upwards of sixty families, 
and live very I'emote from any x)ublick Meeting House for the 
worshipp of God, and meet with great dilHculties to get to the 
nearest meeting house in the T\dnter time, (wliich is Exeter) sonjo 



406 



PBOVINCE OF NEW-HAMPSHIRE. 



[1709. 



living- six, some five, and some four miles distant; Therefore are 
desirous to be a townshipp of themselves, they having never yet 
been joined to any Town, only having paid taxes sometime to 
Hampton, sometimes to Exeter; and your petitioners being in a 
capacity and willing and ready to maintain a minister and school 
master, within such limited time as your Excellency and Honor 
shall appoint, they having never had any benefit of a school for the 
education of their children, by reason of their living a great dis- 
tance from any school : 

May it therefore please your Excellency and Honours to grant 
unto [r. 301.] your ijetitioners a Charter for a town to be settled 
upon Quamscott patent, with such Grants, covenants and clauses 
as your Excellencyand Honours shall see meet; and with the fol- 
lowing bounds, or what other bounds may be thought proper, (to 
wit) beginning at a rock called Brandy Rock, near Sandy Point, 
And to run uj) to the River by the mouth of a creek called Wheel- 
wright's Creek, And to run at each end into the woods, upon a 
south east line, three miles. 

And your petitioners, as in duty bound, shall pray, &c. 



James Runlett, 
Tho. Reed, 
Tho. Bryer, 
Jn° Hanniford, 
Jonathan Norris, 
Nath^ Foulsham, 
kSam' Levitt, 
Richard Calley, 
Thorn. Vesey, 
Ephraim Levitt, 
Edwai'd Masarvy, 
Syman Wiggin, 
Andrew Wiggin, 
Jonathan Wiggin, 
W™ French, 
John Pett, 
W"' Moor, 
Dan' Levitt, 
Henry Lampire, [?] 
John Mason, 
Samuel Piper, 
Richard Crockett, 
Samuel Skillen, 



John Jones, 
Phillip Duly, 
Ithiel Smith, 
Richard Morgan, 
James Caneston, 
Samuel Green, 
Tho. Speed, 
James Godfrey, 
Ann Wiggin, Widd°, 
Abraham ISIoi'gen, 
Ezekiel Ladd, 
Owen Runlett, 
George Vesey, 
Jonathan Clark, 
Stephen England, 
Benj. Hodge, 
Josiah Clark, 
Benj. Levitt, 
Satchell Runlett, 
Benj. Jones, 
Thomas Policy, 
Phillip Spenlow, 
John Snickler, 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 407 

Nathi Watson, Tho. "Wiggiii, 

Benj. Rawlins, Tho. Wright. 

Benj. Pahiier, 

[p. 302.] The following desire in Obstruction to the said 
petition was put in at this Board, in ha3C verba sequen : 

May it jjlease your Excellency, — 

Wee, wliose names are under written, living within the peti- 
tioned Bounds of Quamscott, doth earnestly desire that your Ex- 
cellency and Honours would be pleased to deny the request of 
those petitioners for a township in Quamscott; as for the g-ener- 
ality of the said petitioners are poor people, and several of them 
according- to the best of bur knowledge, instead of defraying- any 
town charge, are rather likely to be a town charge themselves — 
yo' earnest desirers : 

John Clark, David Robison, 

Moses LcAitt, Jr., Jonathan Robison, 

W" Chiles, Benj. Brown, 

John Mead, Nath' Stevens, 

Charles Runlett, Joseph Rolins, 

Nath' Ladd, John Roberts, 

Kath' Right, Moses Rolins, 

Joseph Lorrence, Tho. Rolins, 

Benj. Tailor, Israel Smith. 

Edward Fiflcld, 

In answer to the afore petition of the inhaljitants of 
Quamscott : 

The Council do very well commend the good and relig- 
ious inclination of the subscribers to establish the worship 
of God amongst them ; and direct them to proceed to make 
a subscription of what sum each man is capable to pay 
towards the support of a minister annually, and bring the 
same to the next meeting of the Governour and Council 
within six months next coming ; when they shall be further 
considered and directed to proceed in their good intentions. 
Per Order. Cha. Story, Secretary. 

6"' December, 1709. 

Ordered, that Rol^ert Elliott and "William Vanghan, 
Esqrs., be a Committee of this Board to join with two of 



408 PROVINCE OF NEW-HAMPSHIRE. [1709. 

the Representatives to examine and audit the Treasurer's 
acc'^ 



[p. 303.] Province of New Hampshire. 
The following of the inhabitants of the South part of 
Hampton was read at this Board, viz : 

To liis Excellency Joseph Dudley, Esq., Governour andComander 
in Cliiefe in and over her Majesty's Province of the Massachu- 
setts Bay and New Hampshire, and the Ho noxirable the members 
of the Council and Representatives, convened together in Gen- 
eral Assembly, now sitting: 

The humble address and petition of her Majesty's Loyal and du- 
tiful subjects belonging to the South part of Hampton, in said 
Province of New Hampshire, commonly called^Hampton falls, 
Most humbly sheweth, — 

That your petitioners being at that distance from the publick 
place of the worship of God at the Town, and soe many difficul- 
ties in going, and many times no passing over the Causeway by 
any means, that it hath caused your i^etitioners to be at the charge 
of building a Meeting House upon our side of the Town, and have 
had a minister for some time, and doing all by free contributions 
our selves; and the" other part of the Town being the Major j^art 
of the Town, Rates us in the full proportion according to our es- 
tates, to the repairing the Meeting House and parsonage, and to 
the minister there, which is burdensome to us, and we are not able 
to settle a minister with us for want of some better settlement in 
the matter. 

Wee therefore pray that in your wisdom you will grant us some 
relief in this matter, either that the Town and we on our side may 
maintain two by raising our Rates in general together, or that 
we may be freed from the paying to the Town, and have i)Ower 
given us to make a Rate or tax for the subsistance of one with us. 
John Gove, James Prescott, 

Xatli' Batchelder, Timothy Blake, Sen,, 

Tho. Cram, Jacob Green, 

Joseph Sanbuim, Isaac Green, 

Sam^ Healey, Dan' Tilton, 

Nath' AVear, Joseph Swett, 

Nath^ AVear, Jr., Joseph Case, 

Timothy Ilillyard, Jonathan Mason, 

Moses Blake, [p. 304.] Benj. Filield, 



170a.] JOURNAL OF COUNCIL AND ASSEMBLY. 409 

Jethro Tilton, Benj. Batchelor, 

Bonus jS'orton, Jonathan Batchelor, 

Joseph Emous, [?] Israel Clifibrd, 

Ebenez' Gove, Benjamin Hillyard, 

Jonath" Philbrook, Natli^ Sanburn, 

Joseph Cram, James Prescott, 

Epliraim Hoyt, Bcnj^ Sanborn, 

John French, Sam^ Tilton, 

Peter Wear, Philemon Blake, 

Cha. Pottle, Benj. Cram, 

Sam} Shaw, Joseph Tilton, 

"W" Sanburn, David Tilton, 

Jn° Brown, Jonathan Filield, 

Holdridge Cellej', Enoch Sanburn, 

John Eaton, Jacob Cliltbrd, 

NatW Prescott, Zacharias Clifford, 

Jacob Basford, Caleb Shaw, 

Israel Blake, W™ Brown, 

Israel Clifford, Sen"", Benjamin Perkins. 

Upon a full hearing of both parties in Council upon this 
petition, the 3'^ December, 1709, voted that the contract and 
agreement of the Town of Hampton for the maintenance 
of Mr. John Cotton, their present minister, be and is hereby 
ratified and confirmed ; And the town directed to proceed 
for the raising and payment of the same as in all time here- 
tofore ; That the petitioners and such others as are joined 
with them on the westward of Tailor's River,* have power 
at a meeting once a year for that end, to choose among 
themselves three persons to be Assessors for raising the 
sum of for the maintenance of such learned and or- 
thodox minister to officiate in the New Church at Hampton, 
as they shall agree to call to the service there, with the ad- 
vice of Mr. Cotton, their present minister ; that the affairs 
may proceed with such peace and frien dship as becomes re- 
ligion and good order ; And that the Assessment upon the 

*[In 1C85, " ITtli of 11," Henry Dow, Town clerk of Hampton, entered in his diary, 
as follows: "The number of souls this side of Taylor's river, 495; over Taylor's river 
212." " This side " means the north side; "over" means the south side or Hampton 
Falls.— Ed.] 



410 PROVINCE OF NEW-HAMPSHIRE. [1709. 

said petitioners and inhabitants on the said Western side of 
Tailor's River, being signed by the said Assessors, shall be 
Collected by the Constables at all times, and paid into the 
minister for his support, as in all other Towns and precincts 
in this Province. 
Past by the Council. 

Cha : Story, Secretary. 



[p. 305.] Province of New Hampshire. 

At a Council and General Assemi)ly 
held at Portsmouth, by adj', on Mon- 
day, the 5"' Xbr., 1709. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'", etc., 
Peter Cofifin, ) 

Robert Elliot, > Esqrs. Sam^ Penhallow, ] y 

W^Vaughan, ) John Plaisted, j ^-V^' 

The foil, votes was sent upp from the House of Repre- 
sentatives, in haec verba sequen : 

Portsmouth, 5"' December, 1709. 
In the House of Representatives, voted unanimously, — 

That there be four thousand pounds. Bills of credit, 
raised and brought into the Treasury of this Province, and 
from thence issued for the payment of the debts of the 
Province, and that Major W'" Vaughan, Samuel Penhallow, 
Mark Hunkin, Speaker, Theodore Attkinson, Esq., and Mr. 
Secretary Story, may be a comittee forthwith to goe to Bos- 
ton to obtain leave of the Goverment there, to impress and 
perfect the said four thousand pounds in Bills, and to sign 
the same ; unless, which wee rather desire, they can obtain 
of the Goverment of the Massachusetts to lend us the said 
sum of four thousand pounds of their Bills, and take secu- 
rity upon our fund, and Act of the Assembly made by this 
present session for the raising of five thousand pounds in 
five years next coming, for the support and payment of the 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 411 

said bills, and the said W" Vauglian, Samuel Penliallow, 
Mark Hunkin, Theodore Attkiiison, and Charles Story, 
Esqrs., are hereby Impowered as a comittee of the General 
Assembly of this Province, to doe and perform what is 
necessary for the finishing this affair, and procuring the 
Bills aforesaid as soon as is possible, that the debts of the 
Province may be discharged. 

Sam' Keais, Clerk. 

Pursuant to the aforesaid vote, a bill was drawn upp and 
sent down to the House of Representatives, & annexed to 
the said vote, wdio Imediately sent the said vote back with 
the following words thereto annexed : — 

Whereas the bill mentions the annual time of payment 
to be in October, we pray it may be in Xber, that being 
the most suitable time for the farmers to make mony of 
what they raise ; and further we pray, if it may be, that a 
longer time may be given for payment of said bills ; and 
whereas the bill mentions four thousand pounds, we pray 
the sum may be but three thousand pounds, which we 
hope, by what is mentioned in the memorial lying before 
us, may be sufficient to pay all our Debts ; and the bill for 
raising five thousand pounds be as mentioned in the said 
bill, if there be occasion for soe great a sum. 
Past by the House. 

Sam' Keais, Clerk. 

[Petition of John Cross.] 
May it please your Excellency. 

[p. 306.] My poverty and distres causeth my Importuuity so long 
and often to your Excellency for Justice. It is some years since your 
Excellency in Council ordered, that I should have liberty of sue - 
ing John Hiukes, Esq., for twenty-nine pounds, due for service as 
a soldjer at her Majesty's fort at Newcastle ; which sum your Ex- 
cellency was satislied he had of mine in his hands, and I was to 
have an attorney, other fees, &c., free; but your Excellency not 
directing any ]particular attorney, none would do it. 
I humbly pray your Excellency would consider and relieve m 



412 PROVINCE OF NEW-HAMPSHIRE. [1709. 

herein, as your Excellency slaall think most fit; cither by ordering- 
my due from the Treasury or otherwise, and your Excellency's 
humbly obedient though distressed servant, as* in duty bound, 
shall ever pray for your Excellency's prosperity. 
Portsmouth, 5"^ Xbr, 1709. 

John X Cross. 
In Council. 

In answer to the above petition of John Cross, an old 
servant at her Majesty's fort, the articles whereof appear to 
be true at this Board, bj the minutes of Council referring 
thereto, — 

Ordered, that Mr. Secretary Story assist the said Cross, 
siib forma pauperis, to drawing the writs and giving copy of 
the papers and minutes of Council, and managing the case ; 
and that Mr. Sheriff Phipps doe serve the writs and doe 
the duty of his office for said Cross (so far as concerns the 
said Cross to pay) without fees, and that the judges re- 
ceive the said Cross's action without fees for themselves or 
officers. 

Past by the Council, nemine contradicente. 

Cha : Story, Secretary. 

[p. 307.] The following votes were sent up from the 
House of Representatives, — viz.: 

Voted, that his Excellency be directed to cover the ad- 
dress of the General Assembly now past to Mr. Henry 
Newman, at Whitehall, praying him immediately to attend 
Colonel Nicholson with it, and to keep Colonel Nicholson 
company at the representation of it to her Majesty ; and 
that they pray my Lord Sunderland to introduce them. 
Past by the House. 

Sam' Keais, Clerk. 
Consented to by the Council, nemine contradicente. 

Cha : Story, Secretary. 

Portsmouth, 5"^ Dec, 1700. 
Hon''^'' Sir, — We are encouraged by his Excellency our 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 413 

Governor, that you will favor the Assembly of this Prov- 
ince soe far as to present our Address to her Majesty and 
represent our poverty and distress ; and yet an earnest de- 
sire that the expedition against Canada may be revived in 
the Spring, Agreeable to our address, which Mr. Newman 
waits on you with, whom we have desired to attend you on 
our behalf. And we humbly pray you to represent his Ex- 
cellency our Governor well in all the offices at Whitehall, 
which is the agreeing sense of us. 

We are your most obliged humble servants, 

The Council and Assembly of the Province of New 

Hampshire. 

Mark Hunkin, Speaker. 

To Colonel Nicholson, Esq. 

By order of the Council. 

Cha : Story, Secretary. 
b'"" X"S1709. Past by the House. 

Sam^ Keais, Clerk. 
Consented to hj the Council. 

Cha : Story, Secretary. 

Portsmouth, 5"^ X''-", 1709. 
Sir, — I am commanded by the Govern'' to Cover this 
vote to you, and pray you to persue the intent of it. If 
Colonel Nicholson should not be arrived, you will please to 
open the letter directed to him also. 

I am sensible of the trouble you will have in this matter, 
but if you please to Honour this Province, I hope the As- 
sembly will acknowledge it sometime. 

I am your humble servant, 

C. S., Secretary. 
To Mr. Henry Newman, Whitehall. 



414 PROVINCE OF NEW-HAMPSHIRE. [1709. 

[p. 308.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Monday, the 6th Dec., 1709. 

Peter Coffin, ) 

Robert Elliot, > Esqrs. Samuel Pcnhallow, ) j^g^.^.^ 

Wm. Yaughan, ) John Plaisted, ] ^^ 

Mr. Treasurer Penhallow did this day appear in Council 
and made oath to the truth of his general account for the 
year 1708 and 1709, both of debt and credit, the whole 
am° 1351 : 13 : 5, which ace" was also examined & approved 
of by a comittee of both Houses, and allowed in Council, 
and the balance due to the Treasurer, being 162:15:1, 
ordered to l)e paid out of the Treasury. 

Ordered, that Mr. Treasurer Penhallow be paid out of 
the Treasury, the sum of 29"'* : 11^ : 5'', for his trouble in 
receiving 1188"'* : 18* : 4'\ and the sum of thirty-two pounds, 
five shillings, for his trouble in paying 1289"'* : 14* : 0'^. 

Ordered, that Mark Ayres be paid out of the Treasury, in 
course, two pounds two shillings, for his labour and Leather 
in making of snow shoes. 

Mr. Treasurer Penhallow, his debenter, amounting to 
140 : 19* : 10'\ for victualling soldjers and disbursements 
m entertaining the Gov'', L' Gov"", &c., at several times, 
having been audited by a committee and by them approved 
of, was allowed in Council. 

Colonel Walton's Muster Roll, relating to the expedition 
ag^ Canada, Am" to 674"'* : 14* : S'-\ was allowed in Council 
and ordered to be paid out of the Treasury. 

Capt. Austin's muster roll, relating to the expedition 
ag*' Canada, Am" to 448'*'* : 5" : 8*^, was allowed in Council 
and ordered to be paid out of the Treasury. 

[p. 309.] Whereas Ephraim Eaton and Joseph Dow 
were brought to her Majesty's goal in Portsmouth, for re- 
fusing to pay their rates to the town of Hampton, and it 
appearing to the Govern' and Council that they had paid 



1709.] JOURNAL OF COUNCIL AND ASSEMBLY. 415 

their rates this year to the town of Salisbury, in the Massa- 
chusetts government, there being a difference about the 
Bound Line betwixt the two Provinces, and is not yet 
known in which government the said Eaton and Dow live : 

Ordered, that they be released from their imprisonment 
relating to the said Rate, and free from all charge. 

Mr. Treasurer delivered in an account of the impost and 
excise, amounting to 33'"': 0'': 0'', which being audited by 
the committee, and approved of, was allowed in Council. 



To the Queen'' s most Excellent 3fajesty. 
The address of your Majesty's most dutiful and Loyal subjects, 

the Goveniour, Council and Representatives of your Majesty'^ 

Province of New Ilamx^shire, in New England, convened in 

General Assembly, 
Most humbly Sheweth : — 

That in the midst of the great distresses that your Majesty's most 
dutiful loyal subjects of this your Majesty's Province were involved 
in, by the frequent incursions of our ill neighbours, the French of 
Canada, and their dependent Indians, to the great hurt of our 
j)lantations and settlements, your sacred Majesty has been pleased 
of your Royal Bounty and compassfou to supply us with a num- 
ber of cannon and stores for our defense ; The receipt whereof 
has invigorated and encouraged us in the defense of our frontiers, 
and our marches against the Indians [p. 310.] in their secret re- 
cesses in the woods, which are always and still successfully put 
forward by your Majesty's Goveruour for our security, to our 
perfect satisfaction : 

That while we were thus defending ourselves and families 
against the common enemy of the repose of all your Majesty's 
Brittish subjects in the plantations abroad, as well as in Europe, 
we were pursued by the challenge of Mr. Allen, for the Lauds 
and soil under our feet, which we have this sixty years defended 
witli our lives and estates, as well as the assistance of our good 
neighbours of your Majesty's colony of the Massachusetts: — your 
Majesty of your Royal and princely regard to us has dismissed 
that challenge, which will forever encourage us to. our utmost 
j)Ower to defend this your Majesty's Province ; since we may uow 
hope to leave our children in the possession of the country, with 



416 PROA'INCE OF NEW-HAMPSHIRE. [1709. 

an entire dependence upon your Majesty and your royal success- 
ors, without the danger of any further unjust challenge from those 
persons that have so long disturbed us with their claims : — 

And whereas your Majesty, out of a gratious regard to this and 
other your Provinces in these parts of America, was pleased to 
form a design against the French settlements at Canada and 
Nova Scotia the last summer, but a more important service in 
Europe, requiring your Majesty's forces which were intended 
hither, whereby that design is laid aside for the present: Wee most 
humbly pray your Majesty that it may consist with your royal 
pleasure to revive the said design, and that the expedition lately 
intended may be prosecuted seasonably the next spring, and that 
[p. 311.] your Majesty's Arms in America may have a glorious 
success as in Europe, to the utter confusion of your enemies, and 
lasting repose of all your Majesty's good subjects inhabiting this 
continent. 

We most humbly tender our everlasting praises to Almighty 
God for your Majesty's most glorious successes against the tyranny 
and usurpation of the French king, and heartily pray for your 
Majesty's long life and happy reign, and the continuance of the 
protestant succession, for the benefit of your Majesty's subjects 
of Great Britain, and all your Majesty's Dominions and planta- 
tions, and of all Europe who have had the unspeakable benefit of 
your Majesty's uuparaleled Eeigne. 

We are your Majesty's most Loyal and obedient subjects. 

Cha. Story, Secretary. 

Signed in presence and by order of the Council. 

Portsmouth, in Xew Hampshire in Xew England, 6th Decem- 
ber, 1709. Mark Ilunkin, Speaker. 

Signed, in presence and by order of the house of Eepresen- 
tatives. 

[p. 312.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by prorogation, on Wed- 
nesday, the 8'*^ of February, 1709. 
Present, 
Peter Coffin, ) John Gerrish, J 

Robert Elliott, [ Esqs. Sam' Penhallow, > Esqs. 

W"" Vaughan, ) John Plaisted, ) 

Adj'i till to-morrow, two of the clock, post merediem. 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 417 

Province of New Hampshire. 

At a Council and General Assem- 
bly held at Portsmouth by Adj^ on 
Thursday, the 9"^ of February, 1709. 
Present, 
Peter Coffin, ^ John Gerrisli, ^ 

Robert Elliot, > Esqs. Sam' Penhallow, [ Esqs. 

W" Vaughan, ) John Plaisted, ) 

Adj'' till to-morrow, ten of the clock, ante merediem. 



[p. 313.] Province of New Hampshire. 

At a Council and General Asseinbly held 
at Portsmouth by adj*, on Friday, the 
10"' of February, 1709. 
Present, 
Peter Coffin, "j John Gerrish, J 

Robert Elliot, > Esqs. Sam' Penhallow, \ Esqs. 

W"^ Vaughan, ) John Plaisted, ) 

His Excellency's Letter of the 6'" current, in ha3C verba 
sequen., was communicated at this Board and sent to the 
House of Representatives : 

Boston, 6"^ Feb'ry, 1709-10. 
Gentlemen: — 

I have the visitt of your Treasurer, Speaker, Secretary and Capt. 
Attkiusoii, referring- to your Bills of credit, and that matter is 
proceeding to y"" satisfaction. 

They have further considered and advised with nie, referring to 
an address which they will show and lay before the Assembly, 
with Instructions for the agent's proceeding. 

Whether you will send an Agent from hence or employ one 
there is the next question, and because I cannot be present to as- 
sist in the consideration you must allow me to write. 

I believe an Agent from hence best, and I think the gentleman 
you employed last year very fit for your service ; and if you think 
the expense too great at present and that it may be lu-onght for- 
ward by a person there, and perhaps a person from Home next 
year may be present at the perfecting of your afiairs, I then 
think it best you employ Mr. Henry Newman, a very good gen- 



418 PROVINCE OP NEW-HAMPSHIRE. [1710. 

tleman and very acceptable with those upon whom he depends ; 
to whom you must then supply thirty or forty guineas, and you 
may by him get the matter so brought forward as to be finished 
another year. 

If you take either of those ways and the Address and Instruc- 
tions [are] agreeable to your own thoughts, I hope [p. 314.] my 
absence will be no hurt or injuiy to your affairs ; if any new 
question occur you may express it out and have in 24 hours, and 
you shall not stay for my opinion. 

I heartily wish you good agreement and successful proceedmgs, 
and am 

Your very humble servant, J. Dudley. 

For her Majesty's Service. 
To the Gentlemen of her Majesty's 
Council, to be communicated in Gen- 
eral Assembly. 

The following vote was sent upp from the House of Rep- 
resentatives to this Board, viz : 

Crentlemen : — 

We have perused and considered the Governor's letter 
relating to an address to the Queen's most Excellent Maj- 
esty by an Agent from hence or employing one there in 
London ; we think it necessary that one or the other way it 
should be done, but have thought and enquired how mony 
should be obtained, find noe way to raise it for the present. 

Wee pray your Honours' advice in this matter, and in 
any thing that may be for the benefit for the Govermcnt 
wee shall always do our duty. 

Past by the House. 

Sam^ Keais, clerk. 

Voted, 10'^^ February, 1709-10. 

Mai/ it please your Honours : — 

At the last sitting of this House we choosed three of y*^ 
House to be a committee to examine the Province debts ; 
wee pray that wee may join some of the members of her 
Majesty's Council therein, and that a time may be ap- 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 419 

pointed for their meeting, after due notice given, to the in- 
habitants to bring in their claims. 

Past by the House of Representatives. 
Voted 10^^ February, 1709. Sam' Keais, clerk. 

From the Commons. 

Mr. Speaker, Mr. Elliott, 

Major Smith, Mr. Plaisted, 

Theod. Attkinson. Mr. Penhallow, 

Appointed as a Comittee of the Council to join with the 
Committee of the House of Representatives. 
Past by the Council. 

Cha. Story, Secretary. 
Adj<^ till to-morrow, ten of the clock, ante merediem. 



[p. 815.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj*, on Saturday, the 
11*'^ February, 1709. 
Present, 
W"* Vaughan, ) j.^^^ John Gerrish, ) ^ 

Robert Elliot, j ^^^l^' Sam' Penhallow, j ^^^^• 

John Plaisted, Esq. 
The following vote was sent upp from the House of Rep- 
resentatives, viz. : — 
To the House of Representatives sitting — Voted, 

That whereas his Excellency the Govern'' has been 
pleased to recommend to this Assembly the consideration 
of sending an Agent for England, or employing one there, 
to address her most excellent Majesty on several articles 
which has been laid before you ; and whereas your house 
has been pleased to signify that you think it necessary to 
send an agent or employ one there, but having thought and 
enquired how mony should be obtained, find noe way to 
raise it for the present, and have desired our advice therein : 



420 PROVINCE OP NEW-HAMPSHIRE. [1710. 

In answer thereto we say we arc unanimously of opinion 
that an Agent be sent hence, and that you pass an Act for 
raising 500"'* to be paid, or a vote of your House to im- 
prove so many of the Province bills when perfected, to sup- 
port that charge ; and that ho embark upon the first vessel 
bound to Portugal, or any part of Europe adjacent to Eng 
land. 

11"> February, 1700. Past by the Council. 

Cha : Story, Secretary. 

Prorogued till Monday, the 13*" of March, 1709. 

Met, and prorogued till Wednesday, the 12"^ April, 1710. 



[p. 316.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
on Friday, the 12"^ of May, 1710. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
Major W™ Vaughan, ) y John Gerrish, ) ^ 

Kobert Elliot, i ^^^^- Sam> Penhallow, i ^^^^^• 

John Plaisted, Esq. 
A message was sent from this Board to call the House of 
Eepresentatives upp, who accordingly came, and his Excel- 
lency made the following speech, viz. : 

Gentlemen: — You have past the winter since I saw you vrithout 
any inconvenience from the enemy, and we are yet in expectation 
of her Majesty's commands, which I am sure will be cheerfully 
obeyed in this and the other Province. 

I shall be glad in the present session to agree to any thing for 
the benefit of the Province, which you have to offer. 

I suppose your comittees have adjusted yo'" Debts ; that by the 
help of your Bills of credit the government may stand fair with 
all her Majesty's good subjects, and the soldjers may be encour- 
aged in the defense of the f*rovince, to which there shall be 
Bothing wanting on my part, while I have the honour to com- 
mand, and may have the benefit of your advice for her Majesty's 
service. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 421 

The petition of Nicholas Davison was read at this Board 
(relating to his being wonnded in the service), recommen- 
ded to the House of Representatives. 

The Committee for auditing the publick accounts of this 
Province brought in their report, and the same was read at 
this Board, in ha3C verba sequen., viz. : — • 

[p. 317.] At a Comittee appointed by the General Assembly 

of lier Majesty's Province of New Hampshire, to receive all claims 

of debts due from the said Province, and to adjust the same, doe 

make their report as followetli : — 

lbs. s. d. 

1. L' Tippetts, as per his muster roll, allow"^ . . 6: 10: 2 

2. Capt. Hill's debentcr about soldiers scouting, &c., 

not allowed. 

3. Theodore Attkiuson, Esq., allowed for victual- 

ing-, 30: 0: 

4. W™ Loud's [?] ace', not allowed. 

5. George Walker, as per certificate, allowed, . 0: 4: 

6. Nicholas Barcoe, as a soldjer at the fort, liis ace' 

not allowed. 

7. Jeremiah Gilman's debenter referred, alio w*^ . 1:10: 

8. "VV" Partridge's ace" referred, not allowed. 

9. Tho : Webster's ace", allowed, .... 

10. Thomas Pliipps, Esq., slicriff, allowed of his ace' 

11. Splan Lovel, allow*^ for attending the Assembh', 

&c., 

12. Benj. Le\itt, by order of Council, allowed, 

13. Jn° Walker, his order, is referred, not allowed. 

14. Samuel Penhallow, by several accounts, from 

(N" 1 to N« 7) amno, . . 442: 14: 2 
allowed, out of which sum there is to be de- 
ducted 350 lbs., paid him out of the 1720 lbs. 
tax, — soe remains due, 92: 14: 2 

15. Jonathan Sanborn, notliing allow*^. 

16. Theodore Attkinson, about repairing the fort 

boat, allowed, 1:7:2 

17. Jn" Abbett, for carrying French prisoners to 

Boston, allow'i, 1: 5: 

18. Colonel Partridge, per order of Council, alio w'd 10: 0: 

19. Obediah Morss and Sam^ Hart, for shoeing his 

Exc. horse, allow'd, 1: 14: 



3: 


11: 





6: 


0: 





10: 


0: 





1: 


10: 






422 



PROVINCE OP NEW-HAMPSHIRE. 



[1710. 



11: 0: 

3:16: 

1 : 10 : 

1: 5: 

2: 0: 



20. "Widow Jose, for her Inisbancl's seiTice in attend- 

ing the Council, &c., in liis life time, allowed, 5 : : 

21. Byley Dudley and Liford's acc"% not allow'd. 
23. Thomas Westbrook's acc"^ about timber for the 

fort, allow'd, 20: 0: 

26. Eobert Elliot, Esq., for timber, &c., in Col. Eo- 

mer's acc"% allow'd, 13: 0: 

27. To ditto Elliot, per order of council, for his 

shallop, 12: 0: 

28. Peter CoflSn, Esq., for plank, &c., in Col. Eo- 

mer's acc«% 10 : : 

29. Major Joseph Smith, for snow-shoes, &c., al- 

lowed, 

30. To ditto Smith, for expresses, allow'd, 

31. W"" Ayres, for several expresses, allow'd, . 

32. Ephraim Marston, for service at the foi-t, allow'd 

33. Capt. Hunldu, for his shallop, &c., in the ser- 

vice, allow'd, 

34. [r. 318.] Mr. Eobert Coffin's account, about 

provisions, referr'd, not allow'd. 

35. Colonel Hilton, for maintaining French j^rison- 

ers, allow'd, 

36. Major Smith, as due to Capt. Dow, in his life 

time, on account of soldjers which fell short, 
unpaid of the muster roll, allow'd, . 

37. Eichard Waldron, Esq., for liimself and others, 

as per ace", allow'd, . . • . . 

38. L' Thing, for pasturing horses, nothing allowed. 

39. Colonel Packer, about the squaw, allowed, 

40. Messrs. Attkinson and Wybird, about the sloop 

Speedwell, in her Majesty's service, allow'd 

41. Colonel Packer. 

42. Capt. Pickerin's ace", about powder, not allow'd 

by reason in y^ Council book. 

43. Jonathan Sanburn, for pasturing horses, not al- 

low'd. 

44. Colonel Packer, for rent for his house, and med- 

icines for Benj'' Lampi*ee, a soldjer. 

45. Eoger Swaine, for entertaining the said Lam- 

pree 

46. Stephen England, for his attendance on the As- 

Bembly, allow'd, 2: 0: 



2: 


0: 





6: 


12: 


8 


25: 


10: 





70: 


15: 


4 


9: 


16: 


8 



1710.] 



JOURNAL OF COUNCIL 4-ND ASSEMBLY. 



423 



47. Robert Thompson, for killing an Indian, . 

48. Colonel Hilton, as per muster roll. 

49. Capt. Oilman, as per ditto, as per indorsement, 

50. Tlieophilus Smith, as per ditto, allow'd, 

51. Colonel Hilton, as per acco", allow'd, 

53. Jolui Oilman, about scouting, not allow'd. 

54. Richard Doloph's ace", not allow'd. 

55. Edward Oilman's ace', not allow'd, 

66. Thomas Wilson's ace", referred, not allow'd. 
57. Oeorge Almory's Ace', not allow'd. 
68. Thomas Pearce, allow'd for mogasheens, as per 
ace', 

59. Obediah Morss, his Ace' not allow'd. 

60. John Abbett, as per his ace', allow'd, . 

61. Hugh Reed, as per ace", allow'd, 

62. Moses Paul, his ace' not allow'd. 

63. Thomas Pearce, about scouting, not allow'd. 

64. Peter Foulsham, his ace' not allow'd. 

65. Major Smith, allow'd for expresses, as per his 

account, 

66. "VV'° Blackwell, for going express, allow'd, as per 

his ace", 

68. [p. 319.] Joshua Liteman, his ace' not allowed. 

69. Oeorge Chisley, his ace' paid. 

70. Abraham Benuick's muster roll, referred, allow'd 

71. Joshua "VVeaks, for expresses, as per his ace", al- 

low'd, 

72. Joseph Bailey, for ferridge, as per ace', allow'd, 

73. Jacob Clark, for his shallop in the service, as per 

ace', allow'd, 

74. John Partridge, for ferridge, as per ace', allow'd, 

75. Mark Ayers, as per ace' allow'd in Council, there- 

fore not proper here. 

76. John Suell, as per his aec', allow'd, 

77. To Capt. Hall, OUdden and Lee, for Timber, al- 

low'd, iDer ace", 

78. Samuel Mauson, for his shallop in the service, al- 

low'd, 

79. Elisha Bryer, his ace" will be put into Mr. Pen- 

hallow's account. 

80. Robert Coffin, his ace' about provisions is in his 

muster roll. 



5: 


0: 





11: 


0: 





64: 


13: 


6 


8: 


0: 






5: 7: 



3: 19: 6 
0: 15: 



2: 2: 6 
0: 8: 



7: 13: 8 



0: 12: 
0: 15: 10 

1: 10: 
0: 6: 



2: 14: 
4: 0: 
0: 15: 



424 PEOVINCE OF NEW-HAMPSHIRE. [1710. 

81. Samuel Thompson, for riding express to' New- 

bury, allowed, 0:8:0 

82. John Blv, for expresses, &:c., as per his ace*, al- 

lowed,' 1: 10: 

83. Skipper Lunt, his ace', Mr. Penhallow will pay, 

it being" in his ace". 

84. Alexander Miller, for Expresses, pasturing, &c., 

allowU 7: 0: 

85. Capt. Langdou, allowed for rackets, &c., 2"' : 10% 

he bringing an ace" from whom the Eacketts 

were impressed, . . . . . • 2 : 10 : 

86. Thomas Phipps, Esq., Sheritf, allow'd for ex- 

presses, &c., as per ace", 6: 0: 

87. Col. Hilton, as per his ace' for service, &c., al- 

low'd, 84: 5: 3 

88. Edward Kate, for expresses, as per ace', allow'd, 1 : 16 

89. Capt. Gilman's muster roll, allow'd, . . . 15:11: 3 

90. Capt. Ju° Gilman's muster roll in marching to 

Ainoskeag, . . . . . . . 35: 1: 8. 

91. Widow Bickford's ace', about ferridge, allow'd, 

as per ace', . 1:5:0 

92. Capt. Robert Coffin's muster roll, about Troopers, 

referred to the Assembly, not allowed. 

93. Israel March's ace', about medicines, not allow'd. 

94. Capt. Robert Coffin's muster roll, about Troopers, 

referred to the General Assembly, not allow'd. 

95. Capt. John Gilman's muster roll, to Pigwackett, 

allow'd, 92: 7: 6 

96. Capt. Cass, his muster roll to Pigwackett, allow'd, 71 : 13 : 3 

97. Capt. James Davis, his muster roll, allow'd in 

Council, 5:3:0 

98. Capt. James Davis, his list about scouting, refer- 

red to the Assembly, not allow'd. 

99. L' Joseph Swett's Muster I'oll in marching to Saco, 

allow'd, 13: 9: 

100. Capt. Geo. Yaughau's acc"% referred to the As- 

sembly. 

102. AYaltcr Abbett, James Abbett andKath' Odiorne, 

as per ace', for their service, allow'd 18' each, 2 : 14 : 

103. [r. 320.] Sam' Shackford, for impressing, &c., al- 

low'd by the llepresentatives, . . . . 2: 1: 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 425 

104. Capt. Pliipps' ace', about snow shoes, allowxl to 

the sevei'al persons, 2' a pr. for mogasheens, 

and 8' a pr. for shooes, 9:0:0 

105. Capt. Eobert Cotfin's muster roll, iu the year 

1708, for scouting, am" to 89 : 13: 1;^, is allow'd 

in full thereof, 30: 0: 

lOG. Theophilus Smith, his muster roll for 1708, refer- 
red to the Assembly, not allow'd. 

107. Cornelius Conner, allow'd for hides and moga- 

sheens, as per ace*, 3:8:0 

108. Ephraim Marston, allow'd for I'iding post to 

Boston, 1: 10: 

109. Capt. Hunkin, Mr. Treasurer and Mr. Marston, 

allow'd for their time, expenses, &c., iu going 
to the Congress to attend upon his Excellency 
for the service of the Province, as per ace*, . 32 : 10 : 

110. Mr. Treasurer Penhallow's ace', relating to the 

transports and expedition, &c., am" to 2607"^ : 
4" : 1^, there is allow'd to be due to liim to bal- 
ance as iDer said ace', . ' . . . 679 : : 1 

112. Capt. ISTath' Hill, for going to Boston, &c., al- 

low'd, as per ace', 3 : 10 : 

113. "Will'" Cotton, for hides imprest, &c., allow'd, . 3: 0: 

114. Capt. John Ivnight, allow'd for ferridge, as per 

ace', 1:2:0 

115. Joslnia Brackett, for going ex^Dress, &c., as per 

order, allow'd, 0:8:0 

116. Mr. Treasurer Penhallow, as jjer his ace' about 

the bills of credit, «fcc., allow'd, . . . 45: 6: 

117. Mr. Treasurer Penhallow, as per his ace' of ex- 

lienses, &c., for the comittees goiug to Boston, 

for their time, &c., allow'd, . . . . 44:11: 9 

118. Jotham Odiorne, for pine boards, allow'd, as per 

ace', 1:9:3 

119. Joseph Bailey, for feri'idge, as per ace', allow'd, 0: 15: 

120. James Rendal and Benj. Sevey, for work at the 

fort, allow'd, . 1: 4: 

121. Edward West, for going ex^iress to Newbury, 

allow'd, 0: 6: 

122. Colonel Walton, for mony paid the cai-penters 

and smith for work done to the carriages of 

guns, &c., allow'd, 2: 15: 



94: 11: 


2 


9: 14: 





17: 0: 





42: 1: 


4 


0: 10: 






426 PROVINCE OF NEW-HAMPSHIRE. [1710- 

123. Mr. Attkinsou's muster roll for soldjers, Anno 

Domini 1709, allow'd, 

124. Capt. Samuel Wiuckley's ace'" about his trans-' 

ports, allow'd, 

125. Colonel Hilton, as per his ace' of service done 

her Majesty in the year 1706, allow*^, 

126. To Mr. Secretary Story's ace" for his salary and 

service for the year 1709, allow'd him, 

127. Lieut. Thomas Tippetts, for snow shoes, allow'd, 

128. [p. 321.] John Partridge, his ace' about ferridge, 

aUow'd, 0: 15: 

129. Major W° Vaughan, allow'd upon his ace' as 

Agent two hundred pounds, to be paid out of 
the Ti'easury, besides two hundred pounds, with 
interest, which was formed}^ paid to Colonel 
Partridge for the Agent's uses, and is in full of 
all his accounts of Agency, to tins day ; And 
further, that the thirty pounds paid Colonel 
Partridge for his, the said Vaughan's, part in 
going to New York to the Earle of Bellomont, 
be repaid by the said Partridge to the said 
Vaughan, . . 200: 0: 

130. Mr. Treasurer's Ace' for several disbui'sements, 

about the two Comittces and other tilings, al- 
low'd, 77: 8: 11 

131. Capt. James Davis his muster roll signed by 

liis Excellency the Governor, allowed . . 15 : 3 : 6 

132. Capt. IJichard Gerrish's ace' referred to the As- 

sembly allow'd by the Assembly, . . . 10:0:0 
Robert Elliot, 
Samuel Penhallow, 
John Plaisted, 
Mai"k Huuking, 
Joseph Smith, 
12'i» May, 1710. Theodore Attkinson. 

Charles Story, Secretary. 

The aforesaid report of the committee was sent down to 
the House of Representatives with the following vote an- 
nexed : 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 427 

May 12'% 1710. 

In Council. 
The account above and the return of the Comittee is ac- 
cepted and the Representatives are desired to proceed upon 
the articles referred back to the Assembly by the Comittee. 
Past in Council, nemine contradicente. 

Cha. Story, Secretary. 

AUoiohl per the Assembly. 

133. Capt. James Davis, as per ace* for snow-shoes, 

&c.* 

134. Capt. John Gihnan, as per ditto 

135. Robert Knight, as per noat 

136. Ephraim Marston, as per ditto . 

137. Capt. Theopliihis Dudley . 

138. Capt. Davison allow'd for medicines, &c. . 6:0 
And for Smart mony 6:0 



16"^ May, 1710. The House of Representatives having 
perused the preceeding ace'* and settled to those articles 
referred to them, with the addition of some other claims, 
as is expressed, allow'd thereof by order. 

Sam' Keais, clerk. 

Adj*^ till to-morrow morning, 10 of the clock. 

*[Paper on File.] 

Snow-Shoes. 

A claim of the several persona under named for their snow-sboes and mogasans 

wbicli were imprest for her Maj'tys service by Capt. James Davis, by order of CoUo. 

Hnton. 

Serg. Jonathan Woodman, Abraham Bennet? 

John Ambler, James Durgin, 

Joseph Smith, Mr. Thomas Egerly, 

Left. John Smith, Thomas Drew, 

Jaremlah Burnam, Philip Chesle, 

En. Francis Mathes, Capt. James Davis, 

En. Stephen Jones, Samuel Waymouth, 

William Jacson, John Cromet, 

Lt. Samuel Edgerly, John Williams. 

Tweve pare of snow-shose and mogasans was Improved under Coll. Hilton to the 

asteward to Picwacket and Marigwock, and non of them Returned. The Keast of 

them Improved in the winter scout above the beds of the province under Capt. James 

Davis. 

Indorsed—" Capt. Davis, acctt. 

of snow-shoes. Allowed nine pounds, pr the 

December 6, 1709." Committee & Assembly. 



428 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 322.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, on Saturday, the 13"» day 
of May, 1710, by adj', ante merediem. 

Present, 
His Excellency, &c., 

Major W™ Vaughan, ) John Gerrish, ) 

Robert Elliot, [ Esqs. Sam> Penhallow, J Esqs. 

Nath' Weare, ) John Plaisted, ) 

The petition of her Majesty's subjects of the south part 
of Hampton, commonly called Hampton Falls, was read 
at this Board, and is as followeth, viz : 

To his Excellency, Joseph Dudley, Esq., Govern' and Com- 
mander-in-Chiefe, in and over her Majesty's Province of the 
Massachusetts Bay and New Hampshire, and the Hon''''' the 
members of the Council and Representatives convened together 
in General Assembly, now sitting. 

The Humble address and petition of her Majesty's Loyal and 
dutiful subjects belonging to the south part of Hampton in the 
said Province of New Hampshire, commonly called Hampton 
Falls, most humbly sheweth, — 

That your petitioners having formerly laid before y'' Excellency 
and Council the great want of having one settled among us on 
our side of the Town in the work of the ministry, and now by 
God's good Providence have obtained the Eeverend Mr. Theophi- 
lus Cotton among us in that work, and God by Ms awful stroke 
of Providence having removed, by death, the worthy and Rev- 
erend Mr. John Cotton* to our great lamentation, we do there- 
fore pray, That we may be set off from the town from being at 
any charge as to procuring and maintaining, a minister there ; and 
that we may have power given us to make a tax or Rate, from 
time to time, as shall be for the support of our minister with us, 
and that each part of the Town maintain their own minister; 
That as we have been at equal charge according to our estates as 
[p. 323.] to purchasing and holding the parsonage at the Town, 
that now we may have some land appointed and laid out for a 
parsonage, as convenient as it may be had for the Falls side, ac- 
cording to the worth of our part of the town ; That the Bounds 

* Rov..Jolin Cotton died Marcli 27, 1710, aged 57 years.— N. H. Reg. 



1710.] 



JOURNAL OF COUNCIL AND ASSeAibLY. 



429 



may be settled between each part of tlie town, Tailoi- Eiver being 
so crooked that it parts the inhabitants belongiuo- to our meeting- 
House, we pray that the River may be the bounds up to the place 
called Garland's Mill, and from thence to a Bound tree betwixt 
Exeter and Hampton, at a place called Ass Brook, or that a com- 
mittee of iudiflerent men may be appointed to come upon the 
place, and they to settle the Bounds, as in your wisdom shall be 
directed, and as in duty bound we shall ever pray. 



John Brown, 
Joseph Tilton, 
Robert Eeed, 
Edward AVilkins, 
Israel Black, 
John Swayn, 
Caleb Swayn, 
Peter "VVeare, 
Joseph Sweet, Jr., 
John Drown, 
John Gove, 
John Cass, 
Benj. Perkins, 
Ebenez"' Gove, 
Thomas Cram, 
John Cram, 
W" Brown, 
Joseph Cass, 
Ephraim Hoit, 
David Tilton, 
Jacob Stanyan, 
Sam' Melcher, 
Zacharah Clifford, 
John Sanbuu, 
Jonathan Prescott, 
John Eaton, 
Kath' Prescott, 
John Cram, 
^Y'^ Sanbun, 
Benj. Cram, 
Natii' Weave, 
Joseph Swett, 



Joseph Emons, 
Timothy Hutchius, 
Benj. Hilh'ard, 
Israel Clifford, Jr., 
Jacob Clifford, 
John Morginn, 
Nath' Weare, Jr., 
Samuel Shaw, 
Caleb Shaw, 
Dan' Tilton, 
Tho. Philbrook, 
Sam' Ilealy, 
Nath' Bacheler, 
James Px'escot, sen., 
Isaac Green, 
Benj. Filield, 
Enoch Sanburn, 
Benj. Bacheler, 
Moses Blake, 
Joseph Sanburn, 
Philemon Blake, 
Jonathan Fifield, 
W^ Shipperd, 
John French, 
Caleb Perkins, 
Timothy Blake, 
Jethro Tilton, 
Bonos Norton, 
Jonathan Filbrook, 
Nathan Green, 
Nehemiah Heath. 



430 PBOVINCE OF NEW-HAMPSHIRE. [1710. 

Ordered that a copy of this petition he sent to the select 
men of Hampton, to attend his Excellency, Council and 
Representatives, on Monday next, in the afternoon, that 
there may be a full hearing Ijetwixt all parties relating to 
the contents within mentioned. 

Cha. Story, Secretary. 

13th May, 1710. 

Sent down to the House of Representatives for concur- 
rence. Consented to by the House of Representatives. 
Theodore Attkinson, per order of the House. 
Adj. till Monday 10 of the clock, Ante Meridiem. 



[p. 824.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Monday, the fifteenth day of May, 
1710. 

Present, 
His Excellency the Governour, 
Major "Wm.Vaughan, ^ 

Robert Elliot, > Esqrs. Samuel Penhallow, ) -^^^^a 

Nathl. Wcare, ) John Plaisted, ] ^ 

The following vote was sent to the House of Representa- 
tives relating to the Bills of credit, in hsec verba sequen: 

In Council, 15th May, 1710. 

Voted, that the present Bills of credit, issued by the 
Goverment of the Province, be received by her Majesty's 
Treasurer and all subordinate officers, in the payment of 
public taxes, with the advance and addition of five per cent, 
which five per cent interest is to be accordingly allowed to 
the Treasurer in his account of her Majesty's Revenue, 
from time to time. 

Past in Council. 

Cha. Story, Secretary. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 431 

Which vote was sent up by the House of Representatives 
again, with the following vote annexed, viz : 

Voted a concurrence by order of the House of Repre 
sentatives, and that an Act be past accordingly. 

Theodore Attkinson, Clerk 
pro tempore. 
"Wm. Brown's petition about his being Constable of 
Hampton, and not being able to collect his rates, &c., was 
sent down to the House of Representatives. 
Adj^ till three of the clock, post merediem. 

Met accordingly, present Ut Supra. 
Adj'' till Thursday, ten of the clock, ante meridiem. 



[p. 325.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj', on Thurs- 
day, the 16th of May, 1710, ante 
merediem, 10 of the clock. 
Present, 
His Excellency the Govern% 
Major Wm. Vaughan, 

Nath^ Weare, ) ^ Sam^ Penhallow, ) -j^ 

John Gerrish, \ ^^^''^' Jn° Plaisted, ] ^^^''^' 

Ordered, that the late Comittee for auditing acc*^ be con- 
tinued till next General Assembly, and they are the per- 
sons appointed to audit the Treasurer's public acc*^ and 
report the same at the next General Assembly for con- 
currence. 

Colonel Thomas Packer, his Ace*, am'' to 48 : 13 : 1, as 
upon file, being read at this Board, was referred to the late 
standing Comittee for auditing ace**. 

Colonel Shadrach Walton, his acc*^ relating to her Majes 
ty's fort W'" and Mary, for service for himself and soldjers 
there, from March, 1709, to March, 1710, am^ to 136 ; 2 : 



432 PROVINCE OF NEW-HAMPSHIRE. [1710. 

10 J, was referred to the late standing Comittce for au- 
diting acc*^ 

Pursuant to a vote of the Assembly, May the 12, 1709, 
Major Shadrach Walton had fifteen pounds allowed him. 

Sam' Keais, Clerk. 

16th May, 1710. Read in Council and ordered to be 
paid out of the Treasury, ncmine contradicente. 

Cha. Story, Secretary. 

The following vote was sent from the House of Repre- 
sentatives to this Board in hi^c verba sequen : 

Voted, that the two thousand pounds of Bills remaining 
in the comittees hands be delivered to the Treasurer to be 
issued for the payment of the Province Debts. 

In the House of Representatives. 

Sam' Keais, Clerk. 
May 16th, 1710. 

Consented to by the Council. 

Cha. Story, Secretary. 

Prorogued to the 19th June, 1710. 

[p. 326.] In the affair of Hampton before the Council 
by petition. 

Ordered, that the whole Town pay forthwith the arrears 
and funeral charges of their late minister ; 

That there be a Comittee appointed to report the Division 
of the parodies for the several meetings, and to consider 
how to settle lands for another parsonage ; and a further 
hearing of the whole town be referred to the next General 
Assembly ; and that the new parish in the mean time pro- 
ceed in the maintenance of their minister, according to 
former order of this Board, saving that no person dwelling 
on the North side of Tailor's River shall be taxed for any 
land lying in the New Parish, until a further hearing be 
had thereupon ; which is referred to the next session of the 
Assembly. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 433 

111 pursuance of the above order the Comittee ap}>ointed 
are : 

Major Vaughan, Samuel Penhallow, 
John Plaisted, Theodore Attkinson, 

or any three of them, to make rejjort at the next General 
Assembly. 

The following vote was sent up to this Board : 
Province of New Hampshire. 

Voted, that whereas John Partridge, presenting a petition 
to the House of Representatives requesting their considera- 
tion about a former petition laid before them, as coming 
from his Excellency Joseph Dudley, our Govern'', and Coun- 
cil, to the former Assembly, in the year 1702-3, relating- to 
his disbursements formerly on soldjers belonging to the 
Massachusetts and Province of New Hampshire, having 
ace'" that the Massachusetts have ordered and allowe<i fifty 
pounds to be paid as part of what is due to the said Par- 
tridge, leaving forty-eight pounds, eighteen shillings, ac- 
counting it due from the said Province of New Ham}.shire, 
[p. 827.] having made inquiry thereof, do find ten pounds due 
to the said Partridge, behaving received thirty-eight pounds, 
eighteen shillings, paid by this Province, doe therefore ]>ray 
his Excellency and Council, that the Treasurer may have 
order to pay the said Partridge the aforesaid ten pounds, 
which makes up the said sum of forty-eight pounds, eighteen 
shillings. 

Past in this House, May 24th, 1704. 

Mark Hunkin, Cleik. 

16«' May, 1710. 

Read in Council, allowed ten pounds. 

Clia. Story, Secretary. 
Prorogued to the 19"' June, 1710. 

28 



434 PROVINCE QF NEW-HAMPSHIRE. [1710. 

Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Monday, the 
19* of June, 1710. 
Present, 

W" Vaughan, ) 

Eohert Elliot, [ Esqrs., John Plaisted, ) -^^ 

Sam' Penhallow, ) Mark Hunking, ] ^ 

Pursuant to a precept directed from this Board .to the 
High Sheriff, for calling a Town meeting by the select men 
of Portsmouth, for electing or deputing a Representative 
to sit in General Assembly in the Room of Mark Hunkin, 
Esq., Mr. George Jaffrey was this day elected and chosen 
a Representative in loco Mark Hunkin, Esq., and took the 
oaths by Law established in the House of Representatives, 
instead of the oaths of allegiance and Supremacy, and re- 
peated and subscribed the declaration before Samuel Pen- 
hallow and Jn° Plaisted, Esq., two of the members of her 
Majesty's Council, the Secretary administering the same. 

Mr. Secretary was ordered to go to the House of Repre- 
sentatives and desire the House to proceed to the choosing 
of a Speaker, and to Report the same to this Board, &c. 

[p. 328.] The following vote w^as sent up from the 
House of Representatives : 

June the 10'% 1710. 

Voted, by the House of Representatives, that Capt. Rich- 
ard Gerrish is chosen Speaker. 

Sam^ Keais, Clerk. 

His Excellency's letter of the 12"^ current was read at 
this Board, in ha^c verba sequen : 

Boston, 12* Jmie, 1710. 
Gentlemen : — 

Yon are hereby dh'ected upon the swearing of Mr. Waldron 
and ]Mr. Hunkin into the Council, upon the receipt of this, to pro- 
rogue the Assembly to Wednesday, 28"^ Instant, and so from 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 435 

AYecTuesclay to Wednesday weekly, until fiu-tlier order from my 
self; that I may be ready for her Majesty's service, Avhich are to 
be expected every day. 

And let warrants be given out in due form for the choice of a 
new member in Portsmouth, and that tlie Commons at their next 
meeting, receive the new member, and let him be sworne in due 
form, and let the House proceed to the choice of a Speaker, and 
let him be reported to me, that I vciay send my acceptance of lihu 
into that place, and the House thereupon ready for business in her 
Majesty's service. 

I am, Gentlemen, your very humble servant, 

J. Dudley. 

Prorogued till Thursday, 29"^ curr', ante merediem. 
Met accordingly, and prorogued till Thursday, the 3* of 
August next, 10 oclock, ante merediem. 



[p. 329.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
on Thursday, the 3'^ of August, 1710. 
Present, 
Peter Coffin, ^ 

Natli^ Weare, I p Samuel Penhallow, ) 

W"^ Yaughan, ^^s^^^-' John Plaisted, [ Esqrs. 

Robert Elliot, J Mark Hunkin, ) 

The proclamation for an Imbargoe was read at this 
Board and ordered to be sent to the several officers, &c. 

His Excellency's letter of the 31*" July, 1710, was read 
at this Board and sent down to the House of Representa- 
tives, in ha3C verba sequen : — 

Boston, 31^' July, 1710. 
It is impossible for me at tliis time to see you in the Assembly, 
the whole aflair of raising men, victuals, clothes and transi^orts, 
for this gi'eat Province, lying iipon me ; which has been the occa- 
sion for my sending for Mr. Treasurer and Mr. Secretary, of New 
Hampsliire, to apprize them of her Majesty's comands for the ex- 
pedition to Port Royal, and that you may know every thing that 
concerns you in the Council and Assembly, they bring with them. 



436 PROYINCE OF NEW-HAMPSHIRE. [1710, 

Copy of Col. Nicholsoirs Commission and Instructions relating 
proceedings of the Assembly of tlie Massacliusetts thereupon: 

Proclamation for encouragement soldjers volunteers, by which 
you will perceive there was no room to lessen your quota, but 
that you nuist proceed forthwith to raise your transports and pro- 
visions for three months, besides what shall be necessary before 
their Embarcation. 

I must desire you to use no delay, but imediately and cheerfully 
consent in yo"" votes with this Goverment, [p. 330.] agreeable to 
all your prayers and humble addresses to her Majesty for this 
expedition, and in which you will, I hope, tirst and imediately 
obtain the benefit. 

I am sensible of every article of distress you are in, but there is 
uo help at this time; I shall do you all the favours in my power; 
I have sent out for thirty or forty Indians more than the comple- 
ment of this Province, which I shall put in the stead of your 
English men, so far as they will go, upon a very easy hire, of 
which I have written to Major Smith and Colonel Walton, who 
may shew their letters, and in the absence of your men, if the 
troubles press upon you, I shall do my duty from hence to cover 
and support you. I have ordered the ninth of August for the ap- 
pearance of 900 Massachusetts men at Dorchester and Cambridge, 
and I desire that your men may parade at the fort in New Castle, 
that day at furthest, from whence I will take order for their com- 
ing hither. 

Gentlemen, — This is a very great affair before you, and the 
cheerful and speedy concurrence in every thing relating to the ex- 
pedition will bespeake for yo'" Province her Majesty's favour in 
other articles referring to you. 

The business of clothing is the only thing that will admit of 
your consideration, but that also must be soon ended; when you 
remember tJiat all the other Govermcnts shall appear in regimen- 
tal clothing, Hampshire will be out of countenauce not to do the 
same, as well as the soldjers in your pay discouraged ; and partic- 
ularly if the Indians, that I hope to get for you, be not like their 
fellows, I shall by no means retain them in the service. 

[p. 331.] I desire to let a few hours serve yo'^ consideration in 
this matter, and let Major Smith and my officers proceed forth- 
with, and let your letters and his be exprest to me every three 
days. 

The eyes of all Great Britain are upon us o see our obedience 
at this time; to make ourselves and our children easy and happy. 
I am, Gentlemen, Your humble servant, 

J. Dudley. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 437 

The copy of General Nicholson's Commission and part of 
his instructions relating to the reducing Port Royal, was 
read at this Board, as upon file. 

The proceedings of the Council Warr relating to the 
reducing Port Royal, was also read at this Board, and 
sent down to the House of Representatives, and now upon 
file. 

A proclamation relating to the encouragement of volun 
teers upon the expedition to Port Royal, &c., was read at 
this Board and sent down to the House of Representatives. 

Adj^' till to-morrow morning, 10 of the clock, ante me- 
rediem. 



[p. 332.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj*, on Friday 
the fourth day of August, 1710. 
Present, 
Peter Coffin, "^ 

Nath^ Wear, I p,^,,.^ Samuel Penhallow, ) 
W" Vaughan, p^'l^^' John Plaisted, ( Esqrs. 

Robert Ellott,J Mark Hunkin, ) 

The following vote was sent up from the House of Rep- 
resentatives and read at this Board : 

Prov. New Hampshire. 

Voted, That out of the hundred men to be raised in this 
Province on the intended expedition against Port Royal, 
&c.,the Governourbe desired to let the commission officers be 
inhabitants of the same Goverment; tliat for encouragement 
of volunteers, every one that will enlist shall have a coat of 
thirty shillings, and one month's pay before he embark, and 
be freed from any impress for three years after his return • 
excepting scouting near the garrison to which he belongs, 
watching, warding, &c. ; That if this encouragement do not 
prevail for the bringing in volunteers the men impres* by 



438 PROVINCE OF NEW-HAMPSHIRE. [1710. 

the several officers shall be obliged to go in person or hire 
a soldjer to the acceptance of sucli officer, notwithstanding 
the former Act that excused any person impressed for the 
paying of four pounds. 

Past by the House of Representatives. 

Sam' Keais, Clerk. 

Read in Council, 4'*' August, 1710, and consented to. 

Cha. Story, Secretary. 

Consented to. 

J. Dudley. 

Eodemdie. 

Voted in Council that Proclamations be^ 
sent to each town in this Province, pur- 
suant to the above said vote ; and that > 
his Excellency be desired to issue forth 
proclamations accordingly. ^ 

Cha. Story, Secretary. 
Consented to. J. Dudley. 

4*^ August, 1710. 

Read in the House of Representa- ) 
tives and consented to. ) 

Sam' Keais, Clerk. 
Richard Waldron, Esq., was sworn one of the members 
of her Majesty's Council, and took the oaths appointed by 
Law, &c. 

[p. 333.] The following proclamation was consented to 
by both Houses, and ordered that Mr. Secretary send them 
to each minister of the several Towns, in Order to be pub- 
lickly read at their meetings, next Sabbath day : 
By his Excellency Joseph Dudley, Esq., Govemour and Com- 
mander in Cliief of her Majesty's Province of New Hampslure, 
in New England, 

A Proclamation for a General Thanhsgiving. 
The ?7/iconstant unwearied course of Divine Bounty and good- 
ness wherewith we are encompassed in the midst of our Great un- 
worthiness, the distresses we labour under by the sore calamities 
of War, as the just dcmeritts of our sins, notwithstanding, de- 
mand our highest acknowledgments of gratitude to Ahnighty God ; 



1710.] JOURNAL OF COUNCIL AND ASSEJIBLY. 439 

it being our commanded duty in every thing to give tlianks, where- 
to we are also invited by manj' special causes, particularly for the 
continuing of the life of our Sovereign Lady the Queen, the pre- 
serA^ation of her Majesty's sacred person, and superadded glorious 
victories to her Majesty's Arms, with those of lier allies in Europe 
this present summer ;« The happy arrival of her Majesty's forces 
from Great Britain for our relief from the insult of enemies; The 
signal mercy of God vouchsafed in answer for prayers for raine, 
under the late extreme scorching drought, by granting repeated 
pleutifal showers, and wonderfully reviving the languishing fruits 
of the earth, so that there is the prospect of a plentiful Harvest ; 
The preventing of the spreading mortal contagious sickness that 
was among us, and granting of general health: 

I have therefore thought tit, by and with the consent of her Maj- 
esty's Council, and at the instance of the Representatives in their 
present session, to appoint and order [p. 334.] Thursday the tenth 
day of August current, a day for a General publick Thanlvsgiving 
throughout this Province, forbidding all servile labour thereon, 
and exhorting both ministers and people in their respective As- 
semblies, with a becoming devotion, to celebrate the praises of our 
most Gracious God, for the before enumerated and other his 
numberless mercies and favours ; that glorifying him for them we 
may see more of his salvation. 

Giveu at this Council Cliamber at Portsmouth, the fourth day of 
August, in the ninth year of the reign of our sovereign Lady 
Anne, by the Grace of God, of Great Britain, France and Ireland, 
Queen, Defender of the faith, &c. 

J. Dudley. 
By order of his Excellency the Gov- ^ 

ernour with the advice oi' the Coun- > 

cil and Assembly. j 

Cha. Story, Secretary. 
God Save the Queen. 

Adj*^ till to-morrow morning, 10 of the clock, ante 
merediem. 

]Met accordingly, and adj'^ to Thursday, the &'" current, 
10 of the clock, ante merediem. 



440 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 335.] Province of New Hampshire. 

At a Council and General Asseml:)ly 
held at Portsmouth by adjournment, 
on Tuesday the eighth day of August, 
1710. 

Present, 
Peter Coffin, ) Sam^ Penhallow, J 

W"' Yaughan, [ Esqrs. John Plaisted, > Esqrs. 

John Gerrish, ) Mark Hunkin, ) 

Richard Waldron, Esq. 
His Excellency's Letters, dated the 1^' and 5"^ of August 
current, was read at this Board and sent down to the House 
of Representatives, in ha^c verba sequen : 

Boston, 1^' Aug., 1710. 
Gentlemen : — 

I desire you, as I have vrritten to the Council aud Assembh', to 
dispatch the affairs of the expedition ; if then, the Assembly shall 
see meet to raise 2000""* added to the 3000'"^ already impressed, I 
shall agree to an Act for the repetition of lOOO"'^ and the Impres- 
sion of one other 1000"^% provided the fund and security for the 
same be 1100"" payable in November, 1715; aud llOO"'^ in the year 
1716; See the Act well drawn after the manner of the Massachu- 
setts Acts. 

And again I require that nothing of this matter be offered until 
the afliiir of this Expedition be dispatched, and if then the As- 
sembly doubt, it must be left to my next coming. 
I am, Gentlemen, your humble serv', 

J. Dudley. 

To the Gentlemen of her Majesty's Council, to be communicated. 



Roxbury, August 6"^, 1710. 
Genllemen: — 

I have the votes of the Council and Assembly referring to the 
Expedition ; Tho' they may have abated that of the Officers being 
of the Province, because it is in a great measure useless, being al- 
ways my own inclination; [p. 380.] and accordingly, I have now 
written to Colonel Walton, who is the Colonel of the regiment in 
which your men are to serve, to bring with him a Captain aud two or 
three other fit persons, to be commissiouated under him, for your 



1710.] JOUKNAL OF COUNCIL AND ASSEMBLY. 441 

Companies ; I must attend her Majesty's direction to put one officer 
into eacli of tlie companys, -wliicli sliall be but a Lieutenant and 
Ensign, of whose wages you will be eased by her Majesty's pay- 
ment of their wages ; and you mil presently see the benefit of 
their being joined with your officers, by their skill in instructing 
the soldjers ; and it maj^ be I may also otherwise dispose of them 
afterwards ; and accordingly I have signed your votes and direct 
your proclamatiou to proceed forthwith in my name with the 
clauses in the vote and no other; and that tills letter be of record 
with the files referring to the expedition ; and pray you to proceed 
vigorously and give Major Smith and Colonel Walton all possible 
assistance and expedition. I hope I shall ease some of your men 
by some 3Iartha Vineyard Indians upon a Small hire, but you must 
send me your Eound hundred, and I will use my friendship to the 
most necessitous (if I can) with the advice of your own offlcei's. 
I desire you to make no delay. 

And I doe prorogue the Assembly, after these affixirs are finished, 
to Wednesday the twenty- third instant, that I may write you once 
more before the forces embark if need be. 

You must give your votes for the Transport, twelve weeks sub- 
sistence on board, and for the clothes, to Mr. Treasurer. 
I am, Gentlemen, your humble servant, 

J. Dudley. 
To the Ilon^'® the Gentlemen of her Majesty's Council and the 

Representatives, in General Assembly, sitting in Portsmouth, 

New Hampshire. 

Adj^' till to-morrow morning, 10 o'clock, ante merediem. 



[p. 337.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjourm^ on 
Wednesday the 9*'^ of August, 1710. 
Present, 
Peter Coffin, ") Sam^ Penhallow,^ 

W- Vaughan, \^ John Plaisted, 1 ^ 

John Gerrish, ^^^qrs. ^^^^,^^ Hunkin, |>^sqis. 

Robert Elliot, J Rich^' Waldron, j 

Ordered, that Capt. Mark Hunkin, Capt. Richard Gerrish, 
and Capt. John Wentworth, or any two of them, be desired 



442 PROVINCE OF NEW-HAMPSHIRE. [1710. 

to apprize the two transports going upon the Expedition to 
Port Royal, upon their Oaths, and make return thereof into 
the Secretary's Office, with an Inventory of all tackle, ap- 
parel, (fee, belonging to each transport, &g. 

The following vote was read at this Boaad, being sentupp 
from the House of Representatives, in haec verba sequen : 

Voted, That Mr. Treasurer be desired to advance the 
mony for the equipping the Transports, clothing the sold- 
jers, victualling and paying each volunteer a month's i)ay in 
advance, according to the vote of this House, whicli we 
promise to take care for the payment of. By order of the 
House of Representatives. 

Portsmouth, 9"^ August, 1710. 

Samuel Keais, Clerk. 

Consented to. 

J. Dudley. 
9*^ AugS 1710. 

Read in Council and consented to, nemine contradicente. 

Cha. Story, Secretary. 
Prorogued to Wednesday, the 23'^ curr', 10 o'clock, ante 
merediem. 



[p. 338.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by prorogation, 
on "Wednesday the 23"^ of August, 
1710. 

Present, 
The Honourable John Usher, Esq., Lieut. Govern'', &c., 
W- Yaughan, ) ^ John Plaisted, ) ^ 

Sam' Penhallow, \ ^^^'^' Mark Hunkin, \ ^^^i-^^' 

Rich'^ Waldron, Esq. 
Mr. Secretary Story was sent as a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came ; And 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 443 

The Lieut. Governour made the following speech, in hiec 
verba sequen : 

Gentlemen, Council and Representatives: — 

For two last years his Excelleucy having- account of French and 
Indian enemy designing with a body to make an attack on fron- 
tiers, (Her Majesty's service requiring in Massachusetts his pres- 
ence,) desired me to come into the Province to take care of your 
security both by sea and Land ; accordingly did. 

Last year when you set, I recommended raising mony for Expe- 
dition to Canada ; accordingly with all readiness done ; Accounts 
thereof sent to Lords Trade and Plantations which they take notice 
of; at same time recommended care to be taken for receiving claims 
for service of the Goverment, which I find have been done ; which 
gives great satisfaction, being more than for six years before ; I 
find mony raised for considerable payments as in your list allowed 
by his Excellency, which I hope clears all Province demands. 

Hearing of insults of your enemies on frontiers, never the like 
trouble and danger as now ; Queen being pleased to contin^^e my 
Commission, thought it my^duty in this time of extremit>' to visit 
you for taking care of yo"" frontiers and at all times shall come as 
apprehend her majesty's service requires my presence ; must say 
his [r. 339.] Excell. did take care in giving orders for scouting, 
wanting of iirovisions same omitted, since come into Province find- 
ing it in sore distress, that persons could not g'o two miles from 
their house because of the enemy, I sent out half of Province to 
make discovery of them ; after some returned from scouting to 
Oyster River, these men like to be taken by about twenty Indians ; 
Immediately ordei'ed Capt. Davis to march out to make discovery ; 
Did see about four or five Indians, Judging maybe about twenty, 
Pursued them, but they made escape. Capt. Gilmau returned; 
give accounts they found tracts of considerable number of the 
enemy and where lodged, but as for enemies could see none. 

Her ]\Iajesty having upon apphcation sent Ilon'^''' General Nich- 
olson with forces out of Great Britain, for imediate benefit of 
those parts; for which his Excellency desirous an address of 
thanks may be sent for her Majesty; shall order Secretary to pre- 
sent you therewith, and his Excellency's letter for raising mony, 
dated the 18'^ Aug. 

Recomend due care for Treasurer's security in advancing for 
this expedition; he shall lay before you acc"^ thereof, together 
with acc**^ of the Treasury. 

"When last year in Province recommended raising' mony for my 



44-4 PROVINCE OF NEW-HAMPSHIRE. [1710. 

support of lionour Queen's Commission; pleased then to say- 
would take it into consideration. Her Majesty recommending-, 
raising- mony for (xovernour and Lieut. Governour, I now recom- 
mend to your consideration, not doubting- due respect to (Queen's 
Commission, as well as forwardness in raising- mony to value of 
gi'cat sums on other ace"' : to be plain, served four years in time 
Mr. Allen's commission, expenses on Council and gnards as well 
as my own, all out of my OAvn estate, and never had to value of 
one drop of water at charge of Province, which stood me in some 
hundreds pounds ; and six years served now, and not paid for my 
cai'e, pains and service, purely for good of Province. 

Considering a very busy time for your Harvest in the country, 
and the enemy being on your frontiers, having recomended 
abovesaid to your consideration, doubt not of your dispatch as to 
what laid before you. 

John Usheu, L' Govern^ 

ProAdnce IST. Hamp., 23'^ Aug., 1710. 

[p. 340.] The following vote was sent iipp to the House 
of Repi-esentatives, viz : » 

Voted, That George Jaffrey and Theodore Attkinson be 
a Comittee from this House, to join those gentlemen of the 
Council appointed to draw an address of Thanks to her 
Majesty for her favours in the forces sent under comands 
of General Nicholson against Port Royal, and all other her 
favours. 

By order of the House of Representatives. 
23*^ Aug*, 1710. Sam^ Keais, clerk. 

23*^ Aug., 1710. Read in Council and consented to, and 
Richard Waldron, Esq. is desired to join with Messrs. 
Jeffrey and Attkinson, to draw up the said address. 

Cha : Story, Secretary. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 445 , 

[p. 341.] Province of New Hampshire. 

At a Council and General AsscmLly held 
at Portsmouth, by adj*, on Thursday, the 
24"' of August, 1710, ante mercdicm. 
Present, 
The Hon. John Usher, Esq., L' Govern% 
Major W"^ Yaughan, 
Richard Waldron, \ ^ Sam' Penhallow, ) t^ 

Mark Hunking, j ^^"^^^ John Plaisted, \ ^^^^' 

An Address to her Majesty was read at this Board and 
sent down to the House of Representatives in ha^c verba 
sequen : 

To the Queen's most Excellent Majesty. 
The address of your Majesty's most loyal and dutiful suhjects, tlie 
Govenioui', Couucil and Eeprescutatives of your Majesty's Prov- 
ince of New Hampshire, convened in General Assembly, 
Most humbly sheweth, — 

That in the midst of Trouble surroundiug us from the enemy 
by sea and Land, we received with joyful hearts the advice of 
your Majesty's sending to our relief, from Great Britain, several 
sliij)s of war, marines and warlike stores, «fcc., under the conduct 
of the Honourable Francis Nicholson, Esq., to form an Expedition 
against the French settlements at Port Royal and the coast of 
Nova Scotia ; which we take to be so great an instance of your 
Majesty's care and regard for us that we cannot, but with a due 
sense of your Majesty's great favour therein, with all humble gra- 
titude acknowledge the same. And though the circumstance of 
this poor Province (being all frontiers to the enemy by sea and 
Laud) bespeaks the assistance of more men than the scattering 
inhabitants thereof, for its defense ; yet we freely and readily sent 
[p. 342.] the quota demanded of us for this present expedition, 
with provisions, transports, and all things necessaiy for them,* 
and shall always exert our utmost endeavors for your Majesty's 
service, as becomes dutiful Loyal subjects. 

It only remains that we continue our daily ijrayers to God 

* " Nicholson brought from England five frigates, and a bomb ketch. These, with 
3 fourth rates, 2 fifth rates, the province galley, 14 transports, in the pay of Massa- 
chusetts, 2 of New Hampshire, 5 of Connecticut and 3 of Rhode Island, composed the 
fleet, in which embarked a regiment of marines, and 4 regiments raised in New 
England." Holmes An., vol. I., p. 501, Note. 



446 PROVINCE OP NEW-HAMPSHIRE. [1710. 

Almighty, that by his good Providence your Majesty's arms may 
continue victorious in Europe ; and that in these remote parts of 
your Dominions, particularly in this present expedition, they may 
be under the influence of the same Divine Providence, and attend-' 
ed with the like success. 

That the present wars and troubles may cease, that your reign 
may be long and prosperous, and the remainder of your days 
lengthened out and attended with the blessing of peace and tran- 
quility, both at home and abroad. 

We are your Majesty's most Loyal and obedient subjects. 

J, Dudley. 

Signed in presence and by order of the Council, 

Cha. Story, Secretary. 

Portsmouth, in New Hampshire, in New England, 24th Aug' 
1710. 

Signed, in presence and by order of the House of Represen- 
tatives. Richard Gerrish, Speaker. 

The petition of John Cross, relating to his maintenance, 
&c., was read at this Board and sent down to the House of 
Representatives, as upon file. 

The following vote was sent up from the House of Rep- 
resentatives, in hjBC verba sequen : 

May it please your Honour, — 

We are sensible of your Honour's great care of us form- 
erly and lately, for which we render thanks, and are sorry 
the wars and other misfortunes hath of late so attended us, 
that at present we are not in a capacity of making any 
other answerable return, proportionable to your Honour's 
good service ; but pray your Honour's acceptance of ten 
pounds to defray your Honour's present travelling expcnces, 
and [p. 343.] we hope your Honour will still continue 
proper methods for the defense of our frontiers, as may be 
most likely for their security. 

In our last session we took care for the Treasurer's secu- 
rity, and have now voted an address of thankfulness to 
her Majesty for her great favour in sending forces, &c.. 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 44 7 

under the command of General Nicholson, for the reducing 
Port Royal, and have appointed a Comittee therefor. 

Aug' 24th. Past by the House of Representatives. 

Sam' Keais, Clerk. 

Adj*' to two of the clock, post merediem. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
24th day of August, 1710, Post mered- 
iem. 

Present, 
The Lieut. Govern'', 
Major Wm. Vaughan, 
Richard Waldron, ) ,-, Sam' Penhallow, ) -r, 

Mark Hunkin, \ ^"^i"'^* John Plaisted, j ^' -i'"'" 

As to the vote of the House of Representatives to pre- 
sent the Lieut. Governour with ten pounds to defray his 
present travelling charges, to and from the Province, and 
thanks for his service, The Council concurs therewith : 
but as to the other part of the vote, we are unanimously 
of opinion, its a reflection and indignity cast upon the 
Governour, as if his care of us were defective and himself 
negligent of taking proper methods for the defence of the 
frontiers, — which we cannot but resent. 

[p. 844.] His Honour then proposed to the gentlemen of 
the Council, that he was going to Boston to-morrow, and if 
they had any thing to offer for her Majesty's service and 
good of the Province, he was ready to promote the same. 

Mr. Secretary was sent on a message to call the House 
of Representatives to this Board, who accordingly came, 
and the Lieut. Governour made the following speech, in 
heec verba sequen : — 



448 PROVINCE OF NLW-HAMPSHIRE. [1710. 

Gentlemen: — 

Yesterday had all chief officers to cousult and advi.-c what 
might be proper for your security, according- to their desire, given 
directions therein; the great complaint was want of provisions; 
due care is taken thereof with the Treasurer for their supply, to 
their satisfaction. 

Am glad my care formerly, and now lately, to yo'' acceptance, 
and assiire you in discharge of trust reposed in me, shall continue 
my care, and at all times ready to serve you, and as occasion re- 
quires, visit you. 

I sent an express to his Excellency with account of return of 
Capt. Gilman and Caj^t. Davis, and to know Ms pleasure as to 
adjourning orprorougeing the Assembly. This morning had a re- 
turn, that you sliould be prorogued from Wednesday to Wednes- 
day ; accordingly adjourn you to next AYednesday, and so from 
Wednesday to AVednesday. 

You are adj'' till his Excellency's further order. 

John Usuer, L' Gov^ 

24"^ Aug', 1710. 



[p. S45.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by prorogation, 
the 19"^ October, 1710. 
Present, 
His Excellency Jose])h Dudley, Esq., 
W™ Vaughan, ) p Rich^ Waldron, ) ^ 

Peter Wear, j ^^^^^' Sam^ Penhallow, j ^"'i''^' 
John Plaisted, Esq. 
His Excellency sent Mr. Secretary Story on a message to 
the House of Representatives, to call them up to this Board, 
who accordingly came, and his Excellency was pleased to 
make the following speech, in hsec verba sequen : 

Portsmouth, 19* October, 1710. 
New Hampshire. 

Gentlemen : — 

I am glad of your obedience and readiness in her Majesty's ser- 
vice in the expedition to Port Royal; wherein if by the good 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 449 

Providence of Almighty God -we shall succeed, and I have the 
honour to represent it to her Majesty, I shall be ready also to rep- 
resent the unequal quota demanded of this province in proportion 
with the other Colonies. 

I have directed Mr. Treasurer to acquaint you Avith the present 
state of the Treasury, and the necessity of raising 1000 lbs. in your 
province Bills, for the payment of the forces and their subsistance, 
either by a new impressing that sum in Bills, or repetition of so 
many of your bills that may come in upon the year's tax, which 
the Representatives will consider of and determine. 

I am also to acquaint you that by letters from the Eight Honor- 
able the Lords Com" at the Board of Trade and Plantations, I 
am acquainted that the challenge of [p. 346.] Mr. Allen to the 
lands of this Province is now depending before her Majesty ; and 
if there be any representation or other service to be done in that 
affair, you will consider and' move therein as you think proper ; 
wherein my advice shall not be wanting when it is desired. 

I have iDarticularly to recommend to you the consideration of 
the Excise, which being well settled and directed, would go a 
gTeat way in our annual charge ; which for want of good provis- 
ion in the Law is of very little signification. K it were farmed 
or duly collected, would amount to five times as much as the 
Treasurer can make of it, for want of such provision in Law or 
direction thereabout. Your alfairs will not demand a long ses- 
sion; and the seiwice of both the Provinces demands my speedy 
return to Boston. I shall therefore desire your dispatcli. and 
there shall be nothing wanting on my part that you may be well 
defended from the enemy, and cozy and happy in all your atlairs; 
which I am well assured will be pleasing to her Majesty, as well 
as the benefit and service of the Pi'ovince. 

Adj'^ till to-morrow monihig, ten of the clock. 



[p. 347.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, by adj', on Friday, 
the 20*'' of October, 1H0. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, <tc., 
Peter Coffin, J Rich-^ Waldron, ) 

W™ Yaughan, > Esqrs. Sam' Penhallow, > Esqrs. 
Nath' Wear, ) John Plaisted, ) 

29 



450 PROVINCE OF NEW-HAMPSHIRE. [1710. 

Ills Excellency sent Mr. Secretary Story on a message to 
the House of Representatives, with the Impost Bill, &c. 

The Bill for continuing several Rates and Duties of Ex- 
cise, Customs, Impost and Tunnage of Shipping, was sent 
up to this Board, agreed to by the Council, and ordered to 
be Engrossed. 

The following vote was sent down to the House of Rep- 
resentatives, viz. : 

In Council, 

Voted, that for the better management and advance- 
ment of the Excise of the Province, that the Treasurer for 
the time being, together with the Justices of the Sessions, 
shall from time to time, when they grant licenses to any of 
the inhabitants of the Province, shall set the Excise for 
such persons and houses ; and if the said persons shall re- 
fuse to engage and secure the said excise so set by the Jus- 
tices, the said Justices shall not grant such License peti- 
tioned for, but take care immediately that their signs be 
taken down by the Sheriff, and licenses granted to other 
persons as shall be thought fit for such Imploy. 

20"' October, 1710. Rea..d in Council and consented to. 

Cha : Story, Secretary. 

[p. -34S.] Richard Hilton, his debenture, am" to eight 
pounds, fifteen shillings and ten pence, for victualling of 
soldjers, etc., was read at this Board, considered, and 
allowed to ))e paid out of the Treasury. 

J. Dudley. 

Cha : Story, Secretary. 

The following memorial was read at this Board, viz.: 
To the Honorable Governour and Council, 

That whereas I was under the service of this Province 
of New Hampshire, in the office of Capt.-Lieut., under the 
command of Colonel Shadrach Walton, and was allowed 
but three pounds per month ; which I pray your Excel- 
lency and Honourable Council will be pleased to allow me 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 451 

what was allowed to others in other provinces, in such a 
post, viz., four pounds ten shillings per month, — and shall 
ever pray, &c. 

Nic* Davison. 
23'^ October, 1710. 

Read in Council and ordered the same pay as the Massa- 
chusetts pays a Capt.-Lieut. under a L* Colonel. 

Cha : Story, Secretary. 

Ajd'^ till Saturday morning, ten of the clock. 

Met accordingly ; Present antea. 

Adj'^ till Monday morning next, ten of the clock. 



[p. 349,] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Mon- 
day the 23 October, 1710.'' 
Present, 
His Excellency Joseph Dudley, Esq., Gov'', <fec., 
W°^ Yaughan, ) Rich*^ Waldron, J 

Nath. Weare, > Esqrs. Sam^ Penhallow, > Esqrs. 

Robert Elliott, ) John Plaisted, ) 

Mark Hunkin, Esq. 
In the affair of the New Parish in Hampton, there ap- 
pearing difficulty in making any division of the Lands or 
inhabitants for the support of the ministers in the two sev- 
eral parishes ; 

And whereas the inhabitants and Auditory of the old 
church have agreed with their present minister to pay him 
annually eighty pounds, half in current money and the other 
half in provisions, &c. ; And to allow him the parsonage in 
the said town of Hampton, long since purchased by certain 
inhabitants there ; and fire wood as in the said vote and 
agreement in the record will appear : 

And whereas the inhabitants adjoining to the new parish 



452 PROVINCE OF NEW-HAMPSHIRE. [1710, 

have considered to raise sixty pounds, and fire wood for 
their minister, and to lay out of the waste and unimproved 
lands in Hampton five acres for a house lot, and twenty-five 
acres for pasture, &c., for the parsonage there : 

Voted, that it he recommended to the select men of 
Hampton to lay out the said two parcels of land indiffer- 
ently, as well for the service as may he ; 

And that the Town of Hampton lay a tax annually for 
the said two sums, Am° to 140'^% in species as above, and 
pay the incumbent of the old Church according to the agree- 
ment made with him ; and the remainder to the incumbent 
of the New Church, from time to time. 

23'' Octol^er, 1710. 

Consented to. 

J. Dudley. 

Read in Council and agreed to, Nemine contradicente, 
and sent down to the House of Representatives for concur- 
rence. 

Cha. Story, Secretary. 

October 23'^, 1710. Read in the House of Representa- 
tives and agreed with the Hon''^'' Council herein. 

Sam' Keais, Clerk. 

[p. 350.] The following address was read at this Board 
and sent down to the House of Representatives, who agreed 
that the same be fairly ingrossed and sent to her Majesty, 
viz : 

To the Qxieeii's Most Excellent Majesty. 
The humble Address of the Goveniour, Council and Representa- 
tives of your Majesty's province of New Hampshire, in New 
England, 
Most humbly sheweth, — 

That your most saci-ed Majesty's most dutiful and loyal subjects 
are deeply sensible of your Majesty's princely regard and favour 
in the support and defense of this province by the late supply of 
cannon and other warlike stores sent hither, as well as in 'your 
l^Iajesty's most gracious care for us in sending such a force of ships 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 453 

and marine forces, who in conjunction with the forces drawn out 
of these provinces, have, by the Good providence of Almighty God, 
put your Majesty into possession of tlie important fort of Port 
Royal, the head of jSTova Scotia and L'Acadie, who have been these 
seven years the g-reat pest and trouble of all the navigation and 
trade of your Majesty's Provinces on the coast of America.* 

Your Majesty's most dutiful and loyal subjects do from this suc- 
cess and benefit take encouragement most humbly to address your 
Majesty, that such a number of your Majesty's ships of war and 

* Capture of Port Royal. 
[Penliallow's Indian Wars, Coll. N. H. Hist. Soc, Vol. I., pp. 63-66.] 
Col. Nicholson arrived at Boston, July 1st, 1710, in her Majesty's ship Dragon, at- 
tended by the Falmouth, and a bombship, with several transports, British officers, a 
regiment of marines, provisions, and stores of war; bringing with him her Majesty's 
royal command to the several Governors of the Massachusetts, New Hampshire, Con- 
necticut and Rhode Island, to be assisting in the said expedition; who very readily 
obeyed and supi)lied their respective quotas of good effective men, with transports, 
provisions, stores of war, pOots, chaplains,* chirurgeons, and all necessaries for the 
service. 

Col. Nicholson was apppointed general and commander in chief, who embarked 
September 18th, from Nantasket, having with him her Majesty's ship the Dragon 
Commodore Martyn ; theFahnouth, Capt. Riddle; the Loustiff, Capt. Gordon; the 
Feversham, Capt. Pastor; the Province Galley, Capt. Southack; the Star Boom, Capt. 
Rochport. Besides tenders, transports, hospitals, store-ships, and twenty-five lesser 
vessels," with oiien floats, for carrying boards and necessaries for the cannon. The land 
forces consisted of five regiments of foot, whereof Col. Vetch was Adjutant-General; 
Sir Charles Hobby, Col. Walton, Col. Tailer, Col. Whiting, and Col. Beading, had com- 
missions sent them from the Queen. * * * The fleet arrived in six days. On the 
2Dth the whole army was landed. The fort fired on them, but did no damage. On 
Thursday, the 2Gth, at break of day, the General marched with the army on the south 
side, the marines in the front. Col. Reading at their head. Col. Whiting's regiment in 
the centre. Sir Charles Hobby in the rear, and Maj. Livingston with a party of Indians 
flanking the body in their march. Towards evening the Fort fired very smartly, and 
so did the French and Indians with their small arms, as they lay behind the fences, 
who killed three of our men. Next day, we mounted some of our guns, and made 
preparations to bring up the flat bottom boats, with the artillery and ammunition. In 
the evening, our bomb ships came up again, and threw thirty-six shells into the fort, 
which put them in an amazing terror. * * # # October 1st, the great guns were 
placed on the batteries; the mortars were also planted, and twenty- four cohorts at a 
little distance from the outward barrier of the fort. These all played upon the fort 
with good effect. The French, at the same time, firing their great guns and mortars 
upon us. The General sent Col. Tailer and Capt. Abercromby with a summons to 
Monsieur Supercast, the Governor, to deliver up the fort for the Queen of Great Britain, 
as her undoubted right. On October 5th, the Fort was delivered up on terms of capit- 
ulatior., which allowed the Governor of the Fort, Monsieur Supercast, with his ofiicers 
and troops, " to march out with drums beating, colours flying, and guns shouldered • 
each paying their respects to the General as they passed by; then our army entered the 
Fort, hoisted the union flag and drank the Queen's health, firing all the guns round 
the Fort, as likewise did the men of war, and other vessels in the River." 

In honor of Queen Anne, the place was henceforth called Ais'napolis. 



454 PROVINCE OF NEW-HAMPSHIRE. [1710. 

forces may be sent early the next spring to visit Quebec and Mont 
Eoyal [Montreal], with such additional forces from all your Maj- 
esty's Governments on the shore of America as may, by the favor 
of Almighty God, reduce these places to your Majesty's obedience, 
and thereby make the whole North America an addition to your 
Majesty's imperial Crown and dignity, from whence by the indus- 
try of your Majesty's leige people, at p'sent inhabitants, with 
such others as may be planted here, all sorts of Naval Stores may 
with industry and without any hazard or interruption be trans- 
ported home, sufficient not only for your Majesty's service in the 
Kingdoms of Great Britain and [p. 351.] Ireland, but for all 
Europe, to the great increase of trade and navigation, the improve- 
ment of ships and breed of sailors. 

Your INIajesty's most loyal and Obedient subjects most humbly 
beseech Almighty God for your Majesty's health, long life, and the 
addition of further glorious victories over the great oppressor of 
the liberties of Europe. 

We arc your Majesty's most Loyal and obedient subjects. 

J. Dudley. 

Signed in presence and by order of the Council. 

Cha. Story, Secretary. 
Portsmouth, in New Ilampsliire, in } 

New England, 23'^ October, 1710. S 

Signed in i^resence and by order of ? 
the House of Representatives. ^ 

Rich'' Gerrish, Speaker. 

The following vote was sent from the House of Repre- 
sentatives to this Board in haec verba sequen : 

We rejoice to see your Excellency here at this time, and 
are thankful for your acceptance of our obedience to jour 
Excellency's commands in the Expedition against Port 
Koyal. We are satisfied that there wants mony in the 
Treasury and have therefore 

Voted, That two thousand five hundred pounds be im- 
pressed in Bills of Credit on the same fund in proportion 
to the last three thousand pounds, and that it be first ap- 
plied for payment of those debts, am° to about five hundred 
fifty-five pounds, allow'd by the comittee and assembly, and 
that the remainder be applied to the payment of such other 
debts as shall be allow'd by a comittee appointed to ex- 



1710,] JOURNAL OF COUNCIL AND ASSEMBLY. 455 

amine thereinto, and to settle the Treasurer's accounts, 
which we pray may be appointed out of both Houses ; and 
that they making their return, allowed Ijy the General As- 
sembly, shall be paid and not otherwise attributed. 

[p. 352.] We are thankful to your Excellency for your 
acquainting us with the letters from the Lords Comm" about 
our Lands, and pray your Excellency's continuation of 
friendship to us in that affair. 

We are informed that the Hon^''° her Majesty's Council 
made some exceptions to part of our vote last session, as 
thinking they were reflecting upon his Excellency. We 
intended no such thing but acknowledge your Excellency's 
care over us in all respects, and pray the continuation 
thereof, and always intend and shall endeavour to behave 
ourselves as Loyal Subjects to her Majesty and her Gov- 
erment, under your Excellency, which we hope and pray 
will be long and prosperous. 

We think the Law of the Excise is good. It only wants 
to be put in due execution, but considering there might be 
considerable come into the Treasury by a duty on lumber 
exported, 

Voted, That all the timber that shall be exported to any 
of the Maineland of America shall pay two shill. per ton, 
and that every vessel shall give bond to bring a certificate 
thereof, as in other cases, their bond for encouragement of 
Trade to be frank. That a committee be appointed to 
draw up an Act according to the vote, during one year. 

Past by the House, 23^ October, 1710. 

Sam' Keais, clerk. 

In Council. 

About the clause in the representatives vote relating to 
a tax upon lumber, boards, &c., voted unanimously in the 

negative. 

Cha. Story, Secretary. 
22>^ October, 1710. 

Adj'^ to 3 o'clock, post merediem. 



456 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 353.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by adj', on Monday, the 
23-^ October, 1710 ante [post ?] mered- 
icm. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'', 
W^ Yaughan, ) Eichard Waldron, J 

NatW Weare, > Esqs. Sam' Penhallow, > Esqs. 
Eobert Elliott, ) John Plaisted, ) 

Mark Hunkin, Esq. 
Upon application of the friends of Mrs. Ann Hilton, 
widow of the late Colonel Hilton, referring to her said hus- 
band's services. 

Voted, That the Secretary draw out an aljstract of the 
several muster rolls, wherein Colonel Hilton commanded 
the forces of the Massachusetts as well as those of this 
Province, and that a certificate thereof be signed in Coun- 
cil, that the widow may obtain the payment of their pro- 
portion as this province has already done. 

And as a testimony of the respect and honour to the 
good service of Colonel Hilton they move the Representa- 
tives that pounds be presented to the widow, and 

that she l)e acquainted that there is no account of Colonel 
Hilton before the Assemljly which is not adjusted and paid. 
Past by the Council and sent down to the House of Rep- 
resentatives. 

Cha : Story, Secretary. 

Whereas there was a vote past for the payment of prov- 
ince debts according to the manner therein set forth, and 
the honourable the Council refuseth the whole vote, but 
join in the imprinting the sum therein voted for : We 
think we have done our duty as to the manner of raising 
[p. 354.] mony by each way, but considering our promise 
and obligation to the Treasurer for payment of his acc*'^ 
of disbursements, 



1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 457 

Voted, That 1200"'* be raised on all persons and estates 
within one year from this day. 

Past by the House of Representatives. 

23'^ October, 1710. Sam^ Keais, clerk. 

Portsmonth, October the 23*^, 1710. 
Gentlemen : — 

The present meml^ers of her Majesty's Council and the 
present House of Representatives, have in their last ses- 
sions past the debts of this Province to the Treasury for 
the payment of about two thousand pounds. 

Have addressed her Majesty in their session in August, 
with thanks for the Expedition to Port Royal, assuring the 
service of their quota of men and transports. 

Have in this session acknowledged a further debt of 
about bbO^^\ 

Have assured the treasurer in their last session of the 
payment of his disbursement for the Expedition, which 
amounts to 1250"'. 

Have this day voted to impress 2500"^ in Province bills 
for the discharge of all these engagements, and that the 
Secretary draw the Act, which being presented has no ob- 
jection made to it, but is refused and the province left 
without possibility to subsist or proceed. 

Mr, Secretary Story was sent on a message to the House 
of Representatives to read the above memorial to them, 
who accordingly did. 

Mr. Secretary Story was sent to call the House of Repre- 
sentatives to this Board, who accordingly came, and his 
Excellency was pleased to prorogue the assembly to Wed- 
nesday, the — of March, 1710-11. 

The foil. Bills having been tln-ee several times read and 
past both houses to be enacted, was consented to by his 
Exce' and by him signed accordingly, viz : 

An Act for continuing several Rates and Duties of Ex- 
cise, Customs, Impost and Tonnage of shipping. 

An Act for the raising twelve hundred pounds. 



458 PROVINCE OF NEW-HAMPSHIRE. [1710. 

[p. 355.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Friday, the 1"' 
December, Anno Domini 1710. 
Present, 
Major W^ Yaughan, ) y John Plaisted, ) ^ 

Sani' Penhallow, \ ^'^^'' Mark Hunkin, i ^'^^'• 

His Excellency's letter of the 27*'^ of November, 1710, 
was read at this Board, viz : 

Eoxbury, 27"^ November, 1710. 
Gentlemen: — 

I have lately received a letter bearing date November 12"', 1710, 
signed by Richard Gerrish, Esq., Speaker of the Assembly of New 
Hampshire, and several other members of the House of Repre- 
sentatives, setting forth that at the last session of the Assembly 
there was not sufficient provision made for the payment of the 
Province Debts and intimating that the prorogation of the 
Assembly being for so long a time, they pray an intermediate 
speedy session to pass the money Bill projected the last session, 
for the raising two thousand Ave hundred pounds in Province 
Bills, upon a just fund, and Grant of so much to be paid to her 
majesty's treasury to support the credit of the said Bills. 

The said Bill for the two thousand live hundred pounds having 
been formed and engrossed and read in the House of Representa- 
tives, aiid read in Council, where I was present, and upon some 
debate laid aside, and another Act brought in for 12001''^ only, for 
the present supply of the treasury, which as was then and is still 
observed is not sufficient to discliarge the Province debts : 

I judge the offer of the Representatives to be for her Majesty's 
service, and the honour of the Province, as well as their justice 
to discharge the debenters and suljsistance of soldjers, and there- 
fore do hereby order [p. 356.] Mr. Secretary Story to issue out 
warrants for the meeting of the Assembly on Friday, the first of 
December next, at Portsmouth, to sit on the said Friday and 
Saturday, and no longer, for the dispatch of that Bill only ; and 
that you do on the said Saturday evening, dismiss the Assembly 
to the day of the prorogation, which I entered in your books at 
my last being with you, aud not to sit any louger or otherwise ; 



\ 1710.] JOURNAL OP COUNCIL AND ASSEMBLY. 459 

It being my Duty to be present at all debates of the General 
Assembly of matters importing the Goverment, wliich the season 
will not admit of at this time. 

I am, Geutlemen, 

Your very humble servant, 
J. Dudley. 
To the honorable Peter Coffin, Major Vaughan, and others, the 
Gentlemen of her JNIajcsty's Council for the Province of New 
Hami^sliire. 

Adj*^ till to-morrow morning ten of the clock. 



[p. 357.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Saturday, the 
second day of December, Anno Domi- 
ni 1710, by adj'. 
Present, 
Peter Coffin, \ y Sam' Penhallow, j j,.^ 

W- Vaughan, \ ^'^'^^' John Plaisted, j ^'^'^^• 

Mark Hunkin, Esq. 
The following votes were sent up to this Board, in lijfic 
verba sequen : 

In the House of Representatives. 
Voted, 

That the thanks of this House be given to his Excellency 
the Governour, for the allowance of this extraordinary 
session, so necessary for the discharge of the Province 
Debts. 

By order of the House, 2^ X'"", 1710. 

Sam' Keais, Clerk. 
2'' X'"", 1710, read in Council and concurred with the 
House of Representatives. 

Cha : Story, Secretary. 
In the House of Representatives. 
Voted, 
That the present Bill now signed and sent up herewith, 



460 PROVINCE OF NEW-HAMPSHIEE. [1710. 

containing a grant of two thousand five hundred pounds, 
to be issued in province Bills, be understood to comprehend 
the bill of twelve hundred pounds made the last session, 
dated the 23'^ October last, to enable the Treasurer ; that 
sum being made double in this grant : and therefore the 
Act for the 1200"'* dated as aforesaid, is hereby taken 
away, the said mony of 1200"''* being comprehended in this 
double grant. 

By order of the House. 
2^ X"% 1710. 

Sam^ Keais, Clerk. 

2'^ X*"", 1710. Concurred with the House of Representa- 
tives. 

Cha : Story, Secretary. 

[p. 358.] In the House of Representatives. 
Voted, 

That the former Comittee for impressing and signing 
Bills take care that two thousand five hundred pounds be 
Impressed, signed and forthwith delivered into the Treas- 
ury, to be issued thence ; first for the payment of five hun- 
dred fifty-five pounds, ten shillings, nine pence, which re- 
mains due of the old arrears, allowed by the Governour, 
Council and Assembly for part of which orders have been 
granted ; for payment of the Governour's salary that is now 
due ; the charge of wages, &c., of her Majesty's fort W™ 
and Mary ; The expedition against Port Royal ; The Treas- 
urer's disbursements for subsisting scouts on the frontiers, 
&c. ; and then the remainder for the payment of all other 
charges that shall be approved of by the standing commit- 
tee, and allowed by the General assembly. 

By order of the House, 2" Xbr, 1710. 

Sam^ Keais, Clerk. 

2''' Dec'', 1710. Read in Council and concurred with the 
Representatives. 

Cha: Story, Secretary. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 461 

Voted, that Mr. Secretary fortliwitli express the Bill for 
impressing Bills of Credit, signed by the Speaker on the 
behalf of the Representatives, and Mr. Secretary Story on 
behaM" of her Majesty's Council, to his Excellency the Gov- 
ernour, for his assent thereto. By order of the House of 
Representatives. 

2d x'^ 1710. 

Sam' Keais, Clerk. 

2*^ X'''', 1710. Read in Council and concurred with the 
House of Representatives. 

Cha: Story, Secretary. 

[p. 359.] Voted in Council, — 

That Robert Elliot, John Plaisted and Mark Hunkin, 
Esqrs., be a Standing Committee from this Board for one 
year, to examine all publick accounts for the years 1709 
and 1710 ; and that the House of Representatives be de- 
sired to appoint three persons out of their House as a Com- 
mittee to join with the Committee of this House, and make 
report to the General Assembly from time to time. 

2d X'"-, 1710. Past by the Council. 

Cha : Story, Secretary. 

Voted, Major Joseph Smith, Geo. Jaffrey and Theodore 
Attkinson, of the House of Representatives, be on the 
Committee, by order of the House. 

Sam' Keais, Clerk. 

2^' Decern'^', 1710. 



462 PEOVINCE OF NEW-HAMPSHIBE. [1711. 

[p. 360.] Province of New Hampshire. 

At a Council and General Assembly- 
held at Portsmouth, by prorogation, 
on Wednesday, the 9"' May, 1711. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"", (fee, 
Major W™ Vaughan, V Sam' Penhallow, ) 

Robert Elliot, > Esqrs. John Plaisted, \ Esqrs. 

Nath' Wear, ) Mark Hunkin, ) 

Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, (1) who accord- 
ingly came, and his Excellency was pleased to make the 
following speech, in haec verba sequen : 
Gentlemen : — 

It is the usual season of your meeting for the service and benefit 
of the Province, and I shall be glad to consent to anything for her 
Majesty's service and yoiu' own defense and advantage. 

I hope the Comittee of both Houses, left the last sessions for 
the adjusting your account and debts, are ready with their returns, 

(1) [From Journal of the House.*] 
Ou the 9tli of May, met. 

P'sent, 

Mr. Speaker Gerrish, Theo. Dudley, 

S. Keais, N. Hill, 

Geo. Jafirey, Eze. Wentworth, 

J. Smith, Step. Jones, 

D. Tilton, Ja. Rendell, 

Eph:Marston, Theo. Atkinson, 
Nicholas Gillman. 



*NOTE BY THE EDITOR. 

The first Journal of the House of Representatives now in the office of the Sec- 
retary of State, commences the 9th of May, 1711. It is contained in a bound 
MS. volume, arranged by the late John Faemer, Esq., (by order of the Leg- 
islature, 1827) and labeled, — 

" Province Records. 
"Journal of the House. 
" 1711-1724." 
This " JouRi^AL " the Editor does not iniblish in full, but only such por- 
tions as may serve to illustrate the joint proceedings of the Council and 
Assembly, as contained in this volume. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 463 

soe that all futui-c complaints will be taken away by the payment 
of your Arrears, Debts, Soldjers and Subsistance. 

Wee are sensible that the Indians are divided into small parties 
and give us trouble every where in the frontiers ; for prevention 
of which, I have lately strengthened the Province of Maine with 
a hundred musqueteers mox-e than their usual Garrisons, which 
are marching. 

I am informed that several of her Majesty's good subjects of 
this province are willing to march as volunteers, without subsist- 
ance or wages from the province ; if they might have a reward 
by the heads granted them by the Assembly, which I recommend 
to yo'^ consideration ; we being all sensible how much more ser- 
vice is to be expected from volunteers at all times, than from men 
impressed and drawn into the service. 

I recommended to yo'' consideration the building a Town House 
for the province, and an Alms House, and a Bridewell in this 
town for [p. 361.] the service of the province, agreeable to what 
is done in other places ; the benefit of which, for the honour of 
the pi-ovince, the good goverment of the poor as well as vitious 
people, will soon countervail the charge. 

I have heretofore designed, which I now repeat, y* there may 
be a Comittee of both Houses, to Revise the Laws of this prov- 
ince, and make a fair transcript of them tit to be humbly laid be- 
fore her Majesty for her Royal allowance and confirmation, which 
you may now doe, soe as to have them ready to be transmitted the 
next return of our ships for Great Brittaine. 

I have broitght with me Colonel Rednapp, her Majesty's Engi- 
neer, to peruse the works at the fort and to report the necessary 
repairs, wliich I shall lay before you. 

I have directed Mr. Treasurer to lay before you the state of your 
ace'". He is now entering upon his tenth year, since I have had 
the honour to command here, and has past liis accounts home to 
her Majesty's Exchequer. I am of opinion the House of Repre- 
sentatives owe him their vote of thanks for his care in the seiwice 
of the province, soe far ending with his ninth year's acc"% and to 
desire his care for the future in supply of subsistance and cloth- 
ing of any soldjers to be necessarily raised for the defense of her 
Majesty's good subjects of this province, as need shall be. 

J . Dudley. ] 

■ *^^ 

Adjourned till 3 o'clock, Post Merediem. 



464 PROVINCE OF NE^^-HAMPSHIEE. [1711. 

[p. 362,] Proviiice of New Hampshire. 

At a Council and General Assembly held 
by adjournment on Wednesday, the 9'^ 
of May, 1711, post merediem. 
Present, 
His Excellency, Joseph Dudley, Esq., Goveniour, <tc., 
Major W™ Vaughan, J Sam^ Penhallow, J 

Robert Elliot, > Esqs. John Plaisted, > Esqs. 

Nath' Wear, ) Mark Hunkin, } 

The following vote was brought up to this Board by Mr. 
Ephraim Marston, one of the members of the House of 
Representatives, viz : 

May it please your Excellency : — 

We have perused your Excellency's Speech and shall 
consider the several paragraphs therein and doe our duty 
in answering them. 

By order of the House of Representatives. 
9*^ May, 1711. Sam^ Keais, clerk. 

The Report of the Comittee for auditing the public ac- 
counts of this province was brought to this Board and Mr. 
Secretary was ordered to lay the same before the House of 
Representatives, which accordingly he did. 

Adjourned till to-morrotT nine of the clock, ante mere- 
diem. 



[p. 363.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth by adj', on Thursday, the 
10"^ day of May, 1711, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, <fcc., 
W™ Yaughan, \ Nath' Wear, \ 

Peter Coffin, > Esqs. Sam' Penhallow, > Esqs. 

Robert Elliot, ) John Plaisted, ) 

Mark Hunkin, Esq. 
Adj'' to 3 o'clock, post merediem. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 465 

Province of New Hampshire. 

At a Council and General Assembly held 
at Portsm" by adjournm' on Thursday, 
the 10"' day of May, 1711, post mere- 
diem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'", tfec. 
Major W" Vaughan, ) Nath' Wear, J 

Peter Coffin, > Esqs. Sam^ Penhallow, > Esqs. 

Robert Elliot, ) John Plaisted, ) 

Mark Hunkin, Esq. 
The following vote was sent up to this Board by the 
House of Representatives, viz : 
10'^ May, 1711. 

Ordered, That the parish and precinct in the woods 
called Kingstown, and the parish and precinct upon the 
Isles of Shoals called Starr Island, be served with the or- 
dinary warrants to send one person each to represent them 
in the House of Representatives, and noe more until fur- 
ther order. 

Past by the House. 

Sam' Keais, clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 

The report of the committee for auditing the publick ac- 
counts of this Province was sent back to this Board from 
the House of Representatives, in hcec verba. 
30 



4(36 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 364.] Province of New Hampshire. 

At a Committee for auditing the publick 
ace'* of this Province held at Ports- 
mouth, on Thursday, the 29"' of March, 
Anno Domini 1711. 
Present, 

Robert Elliot, ) Joseph Smith, J 

John Plaisted, [ Esqs. Theodore Attkinson, \ Esqs. 

Mark Hunkin, ) Mr. George Jaffray, ) 

Adj^' till Friday, 13"^ April next. 



Province of New Hampshire. 

At a Committee appointed for auditing 
the publick ace*' of this Province, held 
at Portsmouth, on Friday, the 13'^ of 
April, 1711. 

Present, 
Robert Elliot, ) Theodore Attkinson, ^ 

John Plaisted, [ Esqs. Joseph Smith, \ Esqs. 

Mark Hunking, ) Mr. George Jaffrey, ) 

Objections against sundry articles in the Treasurer's ac- 
count N'' (2) : 

Imprimis, that Capts. Gerrish, Davis and Gilman give 
an account of the expense of provisions sent them for the 
supplying scouts. 

2'^''', That Capt. Davis give an account of sundryes de- 
livered him for a march, and that the Runlett and Bagg 
be returned or to allow out of his pay ten shillings and six 
pence. 

Adj'^ till to-morrow morning, ten of the clock. 



1711.] JOURNAL OF COUNCIL AND ASSEJLBLY. 467 

[p. 365.] Province of NeTv Hampshire. 

At a Committee appointed to audit the 
piiblick accoimts of this Province held 
at Portsmouth, by adj', on Saturday, 
the 14'^ of April, 1711. 
Present, 
Robert Elliot, ^ Theodore Attkinson, ^ 

John Plaisted, > Esqs. Josc])h Smith, > Esqs. 

Mark Ilunking, ) Mr. Geo. Jaffrey, ) 

Sundry objections aga*' Mr. Treasurer's account X" (2) : 
That Colonel Walton give an account of Expense of sun- 
drys delivered him for an Expedition to the Eastward. 

Over charged in freight of powder, two pounds ten 
shillings. 

March 30*"^, That Capt. Gerrish give an account of ex- 
pense of sundryes delivered him for a scout. 

Mr. Treasurer's account N" (1), N° (2), N° (3), all the 
articles in the said accounts we allow saving the articles be- 
fore objected against, which accounts amounts in the whole 
allowed of, 1363 : 14 : 8. 

Adj-J till Thursday, the 19*^^ April, 1711, ten in the fore- 
noon. 

Met accordingly, ut supra, ante merediem. 

No. 1. Mr. Treasurer's account, am" to 1038: 6: 11, 
to balauce ; some objections being made against 
some articles as Indorsed on the back side of 
the said acc'% allow'd 991"': 2«: O'^, 991: 2: 

2^. Mr. Treasurer's account, am" to 111 : 7: 5, for sub- 
sisting of soldjers, &c., allow'd the said sum, 
viz. Ill: 7: 5 

3"^. Mr. Treasni'er's ace', allow'd for several disburse- 
ments, &c., for subsisting of soldjers, &c., and 
abate of Constables, Governor's salary, two 
hundred sixty-one pounds, tive shillings, three 
pence, 261: 5: 3 



1363: 14: 8 
Adj*^ till 3 o'clock, post merediem. 



468 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 366.] Province of New Hampshire. 

At a Committee appointed to audit the 
publick ace*' of this Province, held at 
Portsm" l)y adj*, on Thursday the 
lO*" of April, 1711. 
Present, 
Robert Ellott, ) Theodore Attkinson, J 

John Plaisted, V Esqrs. Joseph Smith, \ Esqrs. 

Mark Hunking, ) Mr. Geo. Jaffrey, ) 

Brought over, 1363:14: 8 

4. Theodore Attkinson, Esq., his ace' for his shallopp, 

taking- an inquest and sending Expresses, al- 

low'd, 4: 12: 

5. Major Joseph Smitli, his account for sending ex- 

I)resses, &c., tliroughout the province, allow'd 

twelve lbs., six shill., 12: 6: 

6. Major Joseph Smith, his account of soldjers sent to 

the Widow Hilton's Garrison, allow'd, eleven 

pounds twelve- shillings, 11:12: 

7. Capt. Gihnan's muster roll, for five days' scout, al- 

lowed nineteen pounds, seventeen shillings and 

eight pence, 19 : 17 8 

8. Capt. John Wingett, his muster roll of the company 

under his command upon an Expedition to Port 
Royal, allow'd two hundred forty-nine pounds, 
five shillings and nine pence, 249: 5: 9 

9. Colonel Shadrach "Walton, his muster roll of the 

company under his command upon an Expedi- 
tion to Port Eoyal, allow^'d two hundred and 
ten pounds, fifteen sliillings and eight pence, 210: 15: 8 

10. Francis Mathews, his muster roll for scouting 9 

days, from the 30"^ of March to the 8'^ of April 
last, allow'd thirteen pounds, fifteen shillings 
and nine pence, 13 : 15 : 9 

11.. Major Joseph Smith's muster roll, for two days' 
scouting, having been seen by the committee, 
his acc*% am° to 22"^* : 19» : 0'^, referred to the As- 
sembly, allowed, 22 : 19 : 

12. Col. Packer's Debenter, for expenses by the Coun- 
cil, Committee, &c., alloAv'd twenty - eight 
pounds, thirteen shillings and six pence, 28 : 13 : 6 



1711,] JOURNAL OP COUNCIL AND ASSEMBLY. 469 

13. Capt. AVincal's muster roll, for himself and sail- 

ors, upon an Expedition to Port Royal in the 
Brigautine New Castle, allow'd forty -live 
pounds, eight shillings and four pence, 45 : 8 : 4 

14. Capt, Peter CotRu's muster roll, ditto, in the sloop 

Peter, allow'd twenty-nine pounds, seven shil- 
lings and five pence, 29 : 7 : 5 

15. [p. 367.] Theophilus Smith, for scouting 2 days in 

1710, allow'd one pound, sixteen shillings and 

six pence, 1 : IG: 6 

16. Daniel Lampree, his debenter, for money paid 

Rog"' Swaine for entertaining his son, being 

sick in the service, : 15 : 

Adj'^ till Monday next, being 23'' curr', ten in 
the forenoon. 

Met accordingly, present as before. 

17. Capt. George Vaughan's debenters, being well 

viewed, allow'd in full of the said acc*^. And 
for his Agency to this day, one hundred and 
eighty-two pounds, thirteen shillings, out of 
wliich sum he is to pay Mr. Ilich'^ Partridge and 
the solicitor and others, according to the arti- 
cles of his said several acc'% 182 : 13 : 

18. Capt, James Davis, his muster roll for the year 

1710, for forty men in her Majesty's service by 
Ms Excellency's Order, and for 110 men scout- 
ing, &c., allow'd forty-eight pounds, three shil- 
lings and six pence, 48 : 3 : 6 

19. Capt, "Walton's debenter, about the fort, for ser- 

vice for himself and soldjers from the 25"^ March, 
1709, to the 25*'^ March, 1710, allow'd one hun- 
di-ed and lifty-seven pounds, ten shill., 157:10: 

20. Capt, AYalton's debenter, about the fort, for ser- 

vice for liimself and soldjers from the 25"* 
March 1710, to the 25"' March 1711, allow'd one 
hundred and thirty-six pounds, ten shillings, 136: 10: 

21. Colonel Walton's muster Roll, relating to an Ex- 

pedition Eastwai-d, allow'd fifty pounds, eight- 
een shillings, 50 : 18 : 

22. Nicholas Oilman's Muster Roll, allow'd, 10: 0: 

23. Capt. Thomas Phipj)S, his muster Roll, about 

Kingstown soldjers, allow'd twenty shillings, 1 : : 



470 PROVINCE OF NEW-HAMPSHIRE. [1711. 

24. Samuel PenhalIoT\^, Esq., his debenter, relating to 

money paid Capt. Wincal and two sailors, and 
the Committee for auditing accounts, &c., forty- 
one pounds, five shillings, 41 : 5 : 

25. Capt. Phipps' Muster Koll, about Hilton's Garri- 

son, allow'd seveu pounds, eight shilliugs and 

six pence, 7: 8: G 

26. [r.3G8.] Colonel Packer's debenter. Am" to 4G : 13 : 

9, for house rent and expenses by the Commit- 
tee at his house, allow'd only forty pounds, 
thirteen shillings and nine pence, 40:13: 9 

27. Mrs. Elizabeth Harvey, her debenter, relating to 

entertaining the Clovernour and Committee, al- 
lowed twelve pounds, 3^, 6, [?] li: 0: 

28. Thomas Phipps, Esq., High Sheriff, his debenter, 

relating to his attending upon his Excellency 
and Council, and sending exi)resses, mending 
the prison, &c., allow*^ him eleven pounds, 11: 0: 

29. Alexander Miller, his debenter, in riding ex- 

presses in 1710, allow'd six pounds, ten shil- 
lings and two pence, 8:10: 2 

30. Benjamin Akerman, for one year's service in at- 

tending the General Assembly, allow'd five 

pounds, 5: 0: 

31. William Partridge, his debenter, relating to Ms 

being 14 days in a sloop Eastward, for her Maj- 
esty's service, and for dieting soldjers allow*^ 
liim twenty shillings in full of all demands of 
the Province to tliis day, 1 : : 

32. Mr. Secretary Story's debenter allow"^ liimforhis 

service, salary, &c., 40: 0: 

33. Richard Jackman, for ferridge of soldjers at 

Newtown ferry, allowed fourteen shillings and 

two pence, — 14:2 

34. Edward Sei-jeant for ferridge of soldjers at New- 

bury ferry, seventeen shillings and three pence, — 17:3 

35. Mr. John Knight's ace* for ferridge allow*^, — 14 : 6 

36. Capt. Tuttle's debenter for 24 pairs of enow 

shoes and mogasheeus at 2^ a pair for moga- 

sheens and 8^ a pair for snow shoes, 12: 0: 

37. Theodore Attkinson, Esq., his Muster Roll relat- 

ing to the fort in 1710, allow*^ seventy-five 

pounds, fourteen sliilliugs, 75 : 14 : 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 471 

38. Jacob Lavcrs his debeuter relating to bide^. 

leather and kipes and mogaslieens, &c., 2: 2: 6 

39. Major W" Vanghan his ace' of which he says 

there remains due to liim 287"^': Answered, 
That, whereas at the last Committee for audit- 
ing the liublick accounts of this province, the 
12"^ May, 1710, they did then allow to Major 
W^.^Vaughan, two hundred pounds, which he 
owns received, and two hundred pounds more 
with interest thereof reC^ by Colonel W™ Par- 
tridge formerly Lieut. Governor, on ace' of the 
agency of this province ; And the said Major 
Yaughau [p. 369.] appearing to be the only 
Agent then employed by the px'ovince, and deny- 
ing that he ever received any money from the 
said Partridge upon the account of such agen- 
cy; — Allowed therefor that the said Major 
Vanghan be paid out of the treasury, two hun- 
dred pounds, 200: 0: 
wiiich with the two hundred pounds above 
mentioned, i>aid liim as in full of all accounts 
due to him from this province to this day. — ^be 
it for agency or otherwise. But in case the said 
two hundred pounds be by the province recov- 
ered of the said W™ Partridge with interest, 
the princii)al to be ordered into the Treasury, 
and the interest to be paid to the said Major 
William Vanghan ; i)ro%ided nevertheless, the 
said Major Vanghan shall not receive the said 
two hundred i)ounds out of the Treasury, until 
Colonel Partridge satisfy the Geu^ Assembly 
of tliis Province that the said two hundred 
pounds was not received by him on account of 
the said Major Vanghan. 

40. Theodore Attkinson, Esq. his debenter for dis- 

bursements about the Brigatine Newcastle, in 
the late Expedition to Port Eoyal, allow"^ eight 
pounds sixteen sliillings, 8: 16: 

41. Capt. Hill for snow shoes and mogasheens, 2: 12; 

42. Nath' Stevens and Folsham allow'^ as per their 

account, 3: 15; 



472 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Province of New Hampshire. May 9"', 1711. 
We whose names are hereunto subscribed having pe- 
rused all the accounts before mentioned, and well considered 
the same, doe find justly due to each person the several 
sums set opposite to their names and number of each 
man's debenter. 

Robert Elliot, 
John Plaisted, 
Cha : Story, Clerk, ) Mark Hunking, 

of the Committee, j Joseph Smith, 

Theo. Attkinson, 
Geo : Jaffrey. 
[p. 370.] This account returned by the Committee an- 
nexed to each person's name, amounting to three thousand 
seventy-five pounds, seventeen shillings and five pence, is 
allowed by the House of Representatives, according to the 
return, by order of the House. 

Sam' Keais, Clerk. 
10"^ May, 1711. 

This return of the Committee with the allowance of the 
General Assembly, being read at this Board, was consented 
to by the Council, who desires the Governour to issue out 
warrants to the Treasurer for the payment of each person 
the several sums allowed them out of the Treasury accord- 
ingly. 

Cha : Story, Secretary. 
Adj*^ till to-morrow morning 10 of the clock. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 473 

[p. 371.] Province of Nesv Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournment, 
on Friday, the eleventh day of May, 
1711, Ante Merediem. 
Present, 
His Excellency Joseph Dudley, Esq. Governour, ifec, 
Major W™ Vaughan, ) Sam^ Penhallow, ^ 

Robert Elliot, V Esqrs. John Plaisted, > Esqrs. 

Nath' Wear, ) Mark Hunkin, ) 

Mr. Wear asked leave of his Excellency to goe home, 
being much indisposed, which was accordingly granted him. 
Adj'^ till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adjournm', on 
Saturday, the 12"' of May, 1711, Ante 
Merediem. 
Present, 
His Excellency the Governour, <tc.. 
Major W" Yaughan, ) y John Plaisted, \ ^ 

Sam' Penhallow, \ ^^^^' Mark Hunkin, j ^^^^' 

Ordered, That Colonel Rednapp, Capt. Hunkin and 
Theodore Attkinson, Esqs., review the fort W'" and Mary, 
and make their return of their necessary reparations. 

The following vote was sent up by the House of Repre- 
sentatives to this Board, viz : 
Province New Hampshire. 

The Bills of Credit for this Province having such a gen- 
eral currency : Voted, That the five per cent, for paying it 
into the Treasury be taken off. 

By order of the House. 

Sam' Keais, Clerk. 

12*'^ May, 1711. 



474 PROVINCE OF NEW-HAMPSHIRE. [1"11. 

The Council having seen the vote of the Assembly of 
the 15"' of May, 1710, importing that there be an Act 
brought in for the allowance of five per cent, upon the 
payment of province bills into the Treasury, which the As- 
sembly have not proceeded in, 

Ordered, agreeable to the within vote of the House of 
Representatives, That the Treasurer and Receiver of the 
future taxes receive the bills in full tale, without any al- 
lowance or advance. 

Past by the Council. 

Cha : Story, Secretary. 

[p. 372.] May it please your Excellency : — 

Voted, That one thousand pounds collected last year 
into the Treasury be repeated, and that hence forward all 
the Bills of credit of this province pass in publick pay- 
ments without the five per cent, advance. 

Past by the House. 

Sam^ Keais, clerk. 

12*^ May, 1711. 

Read in Council and consented to. 

Cha: Story, Secretary. 

Mr. Treasurer's account about powder was exhibited at 
this Board, accepted and approved of, beginning 9'^ X^'', 
1709, and ending 19"' Febr>', 1710. 

May it please your Excellency : — 

We, having perused the state of the province since the 
repeating the thousand pounds collected last year, iind 
mony sufficient in the Treasury for payment of all such 
debts as was allowed by the Committee's return this ses- 
sion and approved by the General Assembly, 

Pray, that your Excellency would grant orders for the 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 475 

payment of such debts according to the aforesaid return of 
the Committee. 

12"^ May, 1711. 

By order of thef House of Representatives. 

Sam' Keais, clerk. 

Consented to by the Council. 

Cha : Story, Secretary. 

Ordered, agreeable to the votes of both Houses of the 
Assembly, that Mr. Treasurer Fenhallow take and receive 
the one thousand pounds now upon the Council Table, and 
that Mr. Secretary be present to see credit entered for the 
Province in his books for the same, and that thereafter he 
dispose and pay the same for the province debts by war- 
rants from the Governour and Council, as usual. 

Adj'^ till to-morrow morning, 10 of the clock. 



[p. 373.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth on Monday, the 14"' May, 
1711, ante mcrediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, <tc., 
W" Vaughan, ) Sam' Penhallow, J 

Robert Elliot, > Esqs. John Plaisted, \ Esqs. 

Peter Coffin, ) Mark Hunkin, ) 

The return of the Committee relating to repairing her 
majesty's Fort W™ and Mary was brought to this Board as 
upon file and sent down to the House of Representatives. 

The following vote was sent up by the House of Repre- 
sentatives, in hiec verba sequen : 

Voted, That the Fort W™ and Mary be forthwith re- 
paired, according to the returnc of the Committee, and that 
the Surveyor thereof do not expend more than two hun- 
dred pounds thereon, including all manner of charges, as 
subsistance, materials and labour, to wit : Three shillings 



476 PROVINCE OF NEW-HAMPSHIRE. [1711. 

per diem for every tradesman ; two shillings per diem for 
every labourer, and that the Treasurer be desired to supply 
with subsistance therefor. 

May 14"S 1711. 

Past the House of Representatives. 

Sam' Keais, clerk. 

Read at the Council Board and consented to and ordered 
that the subsistance mony be supplied by the Treasurer, 
not exceeding eight pence per diem. 

Charles Story, Secretary. 

Ordered, That the neces^ry tools for all labourers, &c., 
in repairing her Majesty's Fort W™ and Mary at New 
Castle, according to the vote of the Assembly, That Mr. 
Treasurer be desired to survey what tools may be wanting 
and that he provide the same and what plank, boards, &c., 
may not be had without being impressed. That the Treas- 
urer issue forth his warrants for impressing the same, and 
that they be paid for out of her Majesty's Revenue, from 
time to time, in this province. 

Adj'^ till to-morrow morning, 10 of the clock. 



[p. 374.] Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth on Tuesday, the 14''' of 
May, 1711, ante merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern^ &c., 
W"^ Vaughan, ) 
••Robert Elliot, [ Esqrs. John Plaisted, ) ^ 
Sam' Penhallow, ) Mark liunkin, \ ^^*^^^' 

Mr. Penhallow's account of disbursements, am° to 16"'® 
2% 4'^, allow'' and ordered to be paid in course out of the 
Treasury. 

Ordered, that Mr. Penhallow be paid out of the Treas- 
ury twenty pounds sterling, sent Mr. Newman for the laying 



1711.] JOURXAL OF COUNCIL AND ASSEMBLY. 477 

Loforc the Lords of the plantation the affairs of the Council 
rchiting to the coni})lcating the full number of the Council 
here. i 

Alexander Miller, his accounts am° to 3'"' : 2' : 6^, al- 
lowed and ordered to be paid in course out of the Treasury. 
The following- vote was sent up to this Board from the 
House of Representatives, viz. : — 

Voted, that a Committee 1)e appointed to revise the laws 
of this Province, and for drawing up such others as may be 
thought proper to present to his Excellency at the next sit- 
ting of the General Assembly. 
15"' May, 1711. 
By order of the House of Representatives. 

Sam' Keais, Clerk. 
Committee of the Representatives, 
Major Joseph Smith, ) 
Theodore Attkinson, > Esqrs. 
Mr. George Jaffrey, ) 
Committee of the Council, 

Major W"" Vaughan, ) 
Sam' Penhallow, > 

John riaisted. ) 

An Act for repeating one thousand pounds of Bill of 
Credit, &c ; 

An Act for prevention of frauds and forgeries upon the 

Bills of Credit in use in this and the neighboring provinces ; 

[p. o75.] An Act for the encouragement of volunteers 

for the destruction of the Indian Rebells and enemie ; (1) 

Having been three times read, was i)ast to be enacted 

and assented to by his Excellency the Governonr. 

Prorogued till Wednesday, the 12"> day of September 
next, 10 o'clock, ante mercdiem. 

( 1 ) [From the Journal of the House, p. 6.] 
May 12tb, 1711. Voted, That for Indian man slayn in the Province sixty pounds, for 
every woman thirty pounds, and for every minor or Papoose, fifteen pounds be payd 
out of the Treasury. 



478 PROVINCE OP NEW-HAMPSHIRE. [1711. 

[p. 3TG,] Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth, on Thursday, the 
' 14^^ of June, 1711. 

Present, 
The Hon^'^'' John Usher, Esq., Lieut. Governour, 
Peter Coffin, "^ John Plaisted,^ 

\Y"' Yaughan, ( p^^,.^ Nath' Wear, )>Esqrs. 
Sani^ Penhallow, f'^^'i^^- Mark Hunkin,j 
Robert Elliott, j 
Mr. Secretary Story was sent as a message to call the 
House of Representatives to this Board, who accordingly 
came ; and his Honour the Lieut. Governour was pleased 
to make the following speech : 

Gentlemen : — ■ 

Her most gratious Majesty having sent liis Excellency General 
Francis Nicholson, Esq., with forces for reducing of Canada and 
Newfoundland ; It is expected that the government in these parts 
give then* ready assistance by raising of soldjers to join in conjunc- 
tion with the Queen's forces, — to whom God grant success and 
victory, the happy fruits of which will tend to the safety, wealth 
and prosperity of these her Majesty's dominions and plantations, 
and more peculiar to this her Majesty's Goverment, that for many 
years have been insulted, waisted and consumed by a cruel, bar- 
barous and perfidious Enemy. 

By his Excellency the Governour's precept, you are here called 
together for raising your quota of men, providing transports, pro- 
visions, &c., for carrying on the above Expedition. 

Her Majesty's service requiring his Excellency the Governour's 
presence at the Congress, remote from his Goverment, to consult 
in tliis great design : I am therefore come to expedite matters of 
so great an importance. 

Gentlemen, — You addressed her most gratious Majesty in Octo- 
ber last, that she would be gratiously pleased to send ships of war 
and forces for the reducing Quebec, &c. ; Upon which address 
from yourselves, and others from our neighboring Goverments, 
General Nicholson [p. 377.] is now sent as before mentioned, 
whose conduct, courage and prudence, is well known to us all, 
in the reducing of Port Eoyal (now Annapolis Eoyal) last year, 
which if please God to give him success in the reducing of Can- 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 479 

acia, it will be of great aclvantage to us aud our posterities here- 
after. 

I do not iu the least doubt of your ready compliance with the 
Queen's expectations from you, and your proceedings to be such 
as will demonstrate you her Majesty's most dutiful aud loyal sub- 
jects, iu your dispatches. 

Her Majesty is at great expense and charge in this affair, and 
hath sent clothing, &:c., for our soldjers and many i)resents of 
value to our friend Indians and Mawhawks, &c. 

His Excellency the Goveiniour's expectation and pleasure is, 
that all other business be laid aside, and only with all chearful- 
ness to forward soe good a designe for the reducing the common 
enemy, pursuant to her Majesty's expectation, and that care be 
taken, for mony to be raised at the next sitting of this General 
Assembly, for payment of soldjei-s, transports, sailors, &c., and 
for all present expenses and charges upon the said Expedition. 

I shall contribute what I can for her Majesty's service and good 
of her Majesty's proAince, and hope you will speedily determine 
what is recommended to you. 

Jonx Usher. 

The following letter from his Excellency the Governour 
was read at this Board, the Representatives being present : 

Boston, 9"^ June, 1711. 
Gentlemen: — 

I herewith send you a copy of her Majesty's Instructions to my- 
self, referring to the Expedition to Canada, which I desire you to 
keep secret yet. 

You have alsoe enclosed an Embargoe in obedience to her Maj- 
esty's said Instructions, which you must presently publish and ac- 
quaint the fort and officers of the customs with, and see it observed. 

And I doe further dii-ect you to call the Assembly, the proroga- 
tion notwithstanding, to sit on Thursday next, and acquaint them 
with the said Instructions and let them be read [p. 378.] in their 
House ; and let them know that the vast force that is coming, and 
the whole expedition, is in answer to their repeated Addresses, 
and is the last effort of those Goverments, and by the favor of God 
will end in our security and establishment, aud therefore that I 
desire aud expect their unanimous vote. 

That there be a number of men not exceeding one himdred, with 
officers, raised for the service of the Expedition. 

That the Treasurer provide three months' victuals, trausjiorts, 
and other uecessai'ies for the said men. 



480 PROVINCE OF NEW-HAMPSHIRE. [1711. 

That the Assembly will at theiv next session take care for the 
payment of the wages and snbsistance and other eharges of the 
said force. 

These votes will be cheerfully agreed by the Representatives, I 
doubt not; Thank them then and dismiss them to the prorogation, 
and express the votes to me. 

The whole fleet consists of ten frigates and eight battallion of 
foot, cannon, stores, arms and clothes for all the soldjers, which 
will save in a great part of our charge. 

Major Plaistcd brings this and will acquaint you anything neces- 
sary. Let us be private in the alfair as long as Ave can, lest it get 
to Quebec or Placentia. 

With my service to the Speaker and Gentlemen of the Assembly • 
I am, Gentlemen, 

Your very humble servant, 

J. Dudley. 
To the Gentlemen of the Council } 
of New Hampshire. ^ 

Pursuant to the above letter the following Instructions 
was read at this Board and sent down to the House of Rep- 
resentatives, as alsoe a copy of her Majesty's bounty relat- 
ing to the said Expedition : 

ANNE R. 
[p. 379.] [Seal.] Ixstructions for our trusty and well beloved 
Joseph Dudley, Esq., our Captain General and Commander in 
Chiefe of our provinces of the Massachusetts Bay and New 
Ilami^shire, in America, given at our Court at Saint James, the 
sixth day of February, 1710, in the ninth year of our Eeign. 
Herewith wee send you a duplicate of our Instructions to our 
Governour of New York, relating to a resolution we have taken 
for the reduction of Canada and New Foundland, by which you 
will perceive our intentions, and to which we refer you in all 
things as fully as if the same were again particularly repeated in 
these our Instructions; And our will and pleasure is, that you doe 
in all respects conform your selfe thereunto, and give your aid 
and assistance to all the several matters and things herein con- 
tained, as if the same were in these presents repeated and partic- 
ularly ordered and directed. Our will and i^leasure further is, that 
you doe observe and perform the several matters and things here 
in after contained on your pai't to be performed and observed : 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 481 

1. AYec hereby direct that at least one thousaud able bodied men 
be raised by you in New England, and that the said men be well 
disciplined and exercised, and if yon shall want any experienced 
Officers for that purpose, our Goveriiour of New York will spare 
you some of the Sergeants we have ordered tliither by tliese ships; 
and if there be any Avant of Arms and ammunition yon will re- 
ceive the same by the squadron we intend to send to New Eugland, 
which may arrive there about the latter end of April next. 

2, That you provide transiDorts, provisions and other necessaries 
for the said thousand forces, to be ready at the arrival of the squad- 
ron at riscataqua, and also several fiat bottomed boats for the 
landing our forces at Quebec, or other place where there may be 
occasion to land ; the said flat bottomed boats to hold sixty men 
each ; "Wee also direct that several vessels of fifty or sixty tunns 
each be provided good sailors, to be sent up the said river Canada 
with Land forces, as occasion may offer. 

3.* 



[p. 387.] Province of Xew Hampshire. 

At a Council and General Assembly 
held at Portsmouth by adj', on Friday 
the IS*"^ of June, 1711. 
Present, 
The Honourable John Usher, Esq., Lieut. Govern'', 
Peter Coffin, ) Sam' Penhallow, \ 

W™ Yaughan, > Esqrs. John Plaisted, > Esqrs. 

Nath' Wear, ) Mark Hunkin, ) 

The following vote was sent up from the House of Rep- 
resentatives and read at this Board : 
3fay it please your Honour, — 

Mr. Secretary Story showed us his Excellency's letter of 
the 11"' instant, relating to one member of this liouse at- 
tending him to Connecticutt, to the Congress there ; and 
the day appointed to be at his house, being past already, 
and considering therein, its said if he was proceeded, they 
were to follow ; Wee think it very unlikely, if not impossi- 
ble, for any person to be of service. 

*[Tlie Instructions, evidently incomplete, abruptly end.— Ed.] 
31 



482 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Wee have his Excellency's letter and your Honour's 
Speech under consideration, and shall endeavor the Queen's 
and Province's service therein with all expedition. 
June 15"\ voted by the House of Representatives. 

Sam^ Keais, Clerk. 
15^^ June, 1711. 

Read in Council, who consented to this vote, and^ 
the Secretary is ordered to write to his Excel- I 
lency about the same, and send him a copy [ 
of this vote. J 

Cha. Story, Secretary. 

The foil, letter was sent to his Excellency: 

May it please your Excellency, — 

lu obedience to your ExcelP letter respecting two gentlemen to 
attend your Excellency at the Congress, your Excellency's letter 
was laid before the General Assembly, who would readily 
comply thercAvith, but the late notice rendering it impossible for 
any to be there timely enough, doe humbly beg your Excellency's 
excuse therein, and shall be ready on all occasions to forward the 
exx)edition and observe such further orders and directions from 
your Excellency, from time to time, in all things relating thereto, 
we ai-e your Excellency's most humble servants. 
Per order of the Council, 

Cha: Story, Secretary. 

Adj'i till 2 o'clock, Post Merediem. 



[p. 388.] Province of New Hampshire. 

At a Council and General Assembly 
lield at Portsmouth, on Friday the Ib^^ 
of June, Post Merediem. 
Present, 
The Plon. John Usher, Esq., Lieut. Governour, 
Peter Coffin, \ Samuel Penhallow, \ 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath' Wear, ) Mark Hunkin, ) 

Adj'^ till to-morrow morning 10 of the clock. 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 483 

Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by adj' on Saturday, the 
16"* day of June, 1711, Ante Mere diem. 
Present, 
The Hon. John Usher, Esq., Lieut. Governour, 
W™ Vaughan, ) ^ Samuel Penhallow, ) p 

Nath> Wear, \ ^^^'^'^' John Plaisted, \ ^^'^'-'^^ 

Mark Hunkin. 
The foil, vote was sent up to this Board, in hasc Yerba 
sequen : 
Mai/ it please your Honour^ — 

Wee, having considered his Excellency's letter and your 
Honor's speech, in which we find that the direction is to 
raise men not exceeding 100 ; and in one part of her Maj- 
estie's instructions to his Excellency, we observe the quota 
demanded from New England is 1000 men : 

Wee humbly conceive that our proportion thereof is not 
more than eighty men ; but being sensible of the great ad- 
vantage the success of this Expedition may be. 

Voted that there be raised ninety men, including officers 
and sailors, for the service of the present Expedition for re- 
ducing Canada, &c. ; And that the Treasurer provide a 
suitable transport ship not exceeding one hundred and 
thirty tunns, and three months provisions, and all other nec- 
essaryes for the said Expedition ; improving the stores left 
in his custody of the last year's Expedition ; for payment 
whereof we promise to make provision at the next sitting 
of this House. 

By order of the House of Representatives, 

Sam^ Keais, Clerk. 
Adj'^ till 4 o'clock. Post Merediem. 
16'^ June, 1711. 



484 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 889.] Province of New Hampshire. 

At a Council and General Assembly- 
held at Portsmouth, by adjournment, 
on Saturday, the 16*^ of June, Post 
Merediem, 1711. 
Present, 
The Honorable John Usher, Esq., Lieut. Govern'", 
W™ Vaughan, ) John Plaistcd, } 

Sam^ Penhallow, \ Mark Hunkin. \ 

His Honour made the foil, spcecli (the Eepresentatives 
being present) in Iiecc verba sequcns: 

Gentlevien, — 

As to the Governor's letter not exceeding 100 men with officers, 
and part of Governor's Instructions, — You observe the quota of 
Xew England is 1000 men ; you think your quota is eighty men ; 
that there may be a ship for transport of 80 men, including officers 
and sailors. 

His Excellency's letter, dated the 9"^ June, 1711, That there be 
a number of men not exceeding 100 for this Exi^edition. 

Must acquainte you, though his Excellency doth say not exceed- 
ing 100 men with officers, yet he doth not say less ; As for the 
Queen's instruction the quota to raise 1000 men, these two years 
been settled, viz: 900 Massachusetts; 100 this Pro\dnce; 200 
Eoad Island; 300 Connecticutt. 

Isow to say 80 men with sailors is but 68 men, when always you 
raised 100 men besides sailors. 

Must doe his Excellency justice that he expect 100 with sailors, 
as formerly. 

The Queen having demanded your quota, she doth expect the 
whole complied with, of which I cannot abate : for two years, 
Queen knows your establishment to be 100 men ; if same be more 
as to quota than other goverments, your goverment might by last 
conveyance have sent to the Queen for relief: if upon arrival, find 
Her Majesty is pleased to lessen the number of your quota, it 
shall be readily complied with ; if not, shall and must expect your 
compliance with the number and shall write to know his Excel- 
lency's pleasure. 

As to three months provision I acknowledge pui-suant to his 
Exce? letter; but give leave to acquaint you that not less than five 
months provision must be had : For when Governour Phipps went 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 485 

to Canada, was two mouths before he did get to Quebeck ; for 
want of due provisious, mauy of liis then Majesty's subjects' lives 
lost. I am sensible and doe believe that j^ou Gentlemen Avill not 
be wanting- in making due supplys for preservation of her Maj- 
esty's subjects and your friends' lives, — the which I leave to your 
cousideratiou, and shall order jonr vote to be returned and more 
duly considered. 
Adj. till Monday morning, 10 of the clock, Ante Merediem. 



[p. 390.] Prov. of New Hampsh--^ 

Att a Council and General Assembly held 
at Portsm** on Monday, the IS*"^ of June, 
1711, ante merediem. 
Present, 
The Honourable John Usher, Esq., Lieut. Govern^ 
W"' Yaughan, ) ^ John Plaisted, ) ^ 

Sam' Penhallow, \ ^^^l^' Mark Hunkin, j ^^^^• 

Adj'' till 4 o'clock, post merediem. 

[Met according to adj. Present the same.] 
The following vote was sent down to the House of Rep- 
resentatives, in liEec verba sequen : 

Voted, That there be an encouragement given to all vol- 
unteers upon the p'sent Expedition to Canada, to the same 
value and in the same manner as the Massachusetts Gov- 
erment hath done ; and that each imprest man have one 
shilling given him at the time of his being so imprest, to 
be deducted out of his wages at pay Table. 
Consented by the Council. 

Cha : Story, Secretary. 
Adj^ till 10 to-morrow, ante merediem. 



486 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 391.] Prov. of New Hamp^°. 

Att a Council and General Assembly held 
at Portsmo. by adj' on Tuesday, the 19''' 
of June, 1711, ante merediem. 
Present, 
The Hon'^^'^ John Usher, Esq., Lieut. Governour, 
W™ Vaughan, ) y Robert Elliot, | ^ 

Peter Coffin, J ^'^'- John Plaisted, \ ^'*1'- 

Mark Hunkin, Esq. 
John Plaisted, Esq., was sent as a message from this 
Board to the House of Representatives to know if they had 
any thing to recommend to this House (who answered 
they had got none at present) . 

Adj'^ till two o'clock, post merediem. 



[Met according to adjournment.] 
Present, 
The Hon"'"'' John Usher, Esq., Lieut Govern'', 
W Vaughan, \ ^ Samuel Penhallow, \ ^ 

Robert Elliot, \ ^^'^^- John Plaisted, \ ''^^^• 

Mark Hunkin, Esq. 
Mr. Secretary Story was sent as a message to the House 
of Representatives to call them upp to this Board, who ac- 
cordingly came, and his Honour the Lieut. Governour 
made the following speech, in ha)c verba sequen : 

Gentlemen, — 

Yesterday Mr. Penliallow was pleased to communicate his Ex- 
cellency's letter for Raising 100 soldiers ; j'ou were to signifle I 
had sent an Express to know his Excellency's pleasure as to 
Quota of men, and desired may consider of it till two this after 
noon ; you were then acquainted noe answer it may be will be 
sent; it is now about six o'clock; noe returne of the messenger. 
The Queen's concernment requiring expedition, pai-t of fleet be- 
ing arrived: 

[p. 392.] I recommend to yo"" Eaising yo"" quota of men. Ilis 
Exce^ in his letter say not exceeding 100 men with officers; 
however, you may apprehend 90 men, (for Avhich you pass*^ 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 487 

a TOte) to be more than your quota of 1000 meu, to be raised 
in New Euglaud, by his Excellency, inhisGovcrments. 

An Address you having sent to her most gratiouslMajestic, with 
otlier Goverments, for carrying- on tliis present expedition ; To 
manifest your loyaltie to her Maj*''% respect to His Excellency, 
desire you should forthwith pass a vote for i-aisiug 100 men, &c., 
as his Excellency hath signified to you ; shall esteem the same as 
an act of loyaltie to her Majestie, regard to his Excellency's ex- 
pectation from you, pray same may speedily be dispatched. 

The following vote (No. 4) was brought to this Board in 
haec verba sequen : 

Yoted, Noe Encouragement be given but what is of the 
Queen's bounty, by reason noe proclamation hath been 
issued, and most of the men already imprest. 

lO"" June, 1711. By order of the House of Representa- 
tives. Sam' Keais, Clerk. 

Adj*^ till to-morrow, 10 of the clock, ante merediem. 



[p. 393.] Prov. of New Hamp™. 

Att a Councill and General Assembly held at 
Portsm° ).)y adj' on Wednesday, the 20^*^ 
June, 1711, ante merediem. 
Present, 
The Hon"^''^ John Usher, Esq., Lieut. Govern^', 
Major W"' Yaughan, ) -^ John Plaistcd, ) -p 

Kobert Ellott, \ ^•'"^^- Mark Hunkin, J ^'^^^• 

The two following votes was sent to this Board from the 
House of Representatives, in hasc verba sequen : 
Map it 2yi^cise your Son'r, — 

Wee have waited long in expectation of receiving an 
answer from his Excellency to our vote of the 16"' instant, 
for raising and subsisting 90 men, including officers and 
sailors, in hopes that his Excellency would Accept of the 
Siaid vote ; but seeing the Express is returned and noe 
answer to our said vote, and considering the quota ex- 



488 PEOVINCE OF NEW-HAMPSHIRE. [1711. 

pected, viz., one Imiidred men, including officers, &c., with 
three months provisions, <fec., as per our said vote exprest, 
may advance the service of the Expedition, 

Voted, That tlierc be added tenii men with suhsistance, 
<fcc., to the 90 voted for, ut supra. 

20"* June, 1711. Pr. order of the House of Represen- 
tatives. Sam' Keais, clerli. 

20"' June, 1711. Read in Council, and unanimously 
consented. Cha : Story, Secretary. 

Voted, That the Hononrahle the Lieut. Govern'' be paid 
out of the Treasury tenn pounds for liis expences in trav- 
elling the two last times into this Province. 
Jmie 20"', 1711. Past by the House. 

Sam' Keais, clerk. 
June 20"', 1711. Read in Council and consented to. 

Cha : Story, Secretary. 
Prorogued. 



[p. 894.] Prov. of Newhampshire. 

Att a Councill and General Assembly 
held at Portsm", on Fryday, the G"* 
July, 1711. 
Present, 
Major W" Vaughan, ) Sam' Penhallow, ) 

Robert Ellott, [ Esqrs. John Plaisted, [ Esqrs. 

Richard Waldron, ) ]!ilark Hunkin, ) 

His Exceir* two Letters, dated the 2^' curr* was read at 
this Board, in hasc verba sequen : 

Sirs, — Yoin' subsistauce for your 100 men must be for 126 
days, besides their subsistance on Shoar, before their departure, 
equal to the Massachusetts, aud the agreement of the Congress of 
the Goveruoui's. 

Yo"" serv', J. Dudley. 

Boston, July 2, 1711. 
To Mr. Secretary Story, to be communicated. 

Let the Assembly sitt one day upon this Article of Victuals, aud 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 489 

I desire that wages of men and hire of sliips be as iu Massachu- 
setts. 

(2'i Letter.) 

Sirs, — Mr. Penhallow brings two warrants nnder her ]\Iajes- 
tie's Eoyal signature, for the swearing of Kichard Waldron and 
Marie Ilunkins to be members of her Majestie's Council of Xew 
Ilampsliire; Imediately upon receipt of the said warrants, sum- 
ons the Council and lett the warrants be read, the Gentlemen 
sworn, and a record made of the warrants and proceedings there- 
upon, that their service be not wanting at Council in the pressing 
occasions before us. 

Boston, 2^ July, 1711. J. Dudley. 

To Mr. Secretary Story, to be communicated. 

Richard Waldroii and Mark Hunkin, Esq., Pursuant to 
her Majestie's warr** abovesaid, under the royal signature, 
were sworn members of her Majestie's Council of this 
Province, at this Board. And then his Excell" said Letters 
were sent down to the House of Representatives by Mr. 
Secretary Story. 

The two following are her Majestie's warrants under Her 
Royal signature, mentioned in his ExceP letter abovesaid, 
viz. : 

[p. 895.] ANXE K. 

Trus^-v and well beloved, wee Great you well. Whereas by our 
Order in Councill, bearing date the twentyeth day of December, 
iu the year one thousand Seven Hundred and five, Upon a Repre_ 
seutation of our Commissioners for Trade and plantations, Humbly 
offeriug that wee would Constitute our Trusty and well Beloved 
Richard Waldron, Esq., one of our Councill of that our province 
of New Hampshire, in the Room of John Hinks, Esq., who had 
left that Countrey without leave ;— "Wee were gratiously pleased to 
approve thereof and to order, that the said Richard Waldron 
< RoTAL > should be appointed one of our said Councill, as 
I Signature. S being a person by his Loyaltie, Integrity and Abil- 
ity, fitly Qualified to serve us in that Capacity. Our will and 
pleasure is, that forthwith upon receipt hereof, you doe accordingly 
Swear and Admit him the said Richard Waldron, to be one of our 
Council of that our province of Xew Hampshire ; And for soe 
doing, this shall be your warrant. And soe wee Bidd you fare- 



490 PROVINCE OF NEW-HAMPSHIRE. [1711. 

well. Given at our Court at Saiut James, the second day of 
March, 1710. In the ninth year of our Reigne. 

By Her Majestie's Command. 

Daktmouthe. 

To our Trusty and well beloved Joseph Dudley, Esq., our Cap- 
taine General and Governour in Chiefe of our province of Xew 
Hampshire, In America, and in his absence, to tlie Commander in 
Chiefe, or to tlie i)resident of our Council of our said province for 
the time beino-. 



ANNE R. 
[p. 39G.] Trusty and well beloved, wee Great you v^-ell. — 
Wliereas, by our Order in Councill bearing date tlie one & thir- 
tieth day of March, in the year one thousand seven hundred and 
nine, wee were Gratiously pleased upon a Representation from 
our Commissioners of Trade and Plantations, setting foi-th that 
thei-e were two vacancys in the Councill of the province of New 
Hampshire, by the Death of George JafiVey and Henry Dow, late 
members of the said Councill, to Order that our Trusty and well 
c Royal ) beloved Mark Hunkins, Esquire, should be Consti- 
( Signature. ^ tuted and appointed a member of our Council of 
our said j)rovince of New Hami)shire, to supply one of the said 
vacancies, as being a person by his Loj-altic, Integrity and Ability, 
titly qualilied to serve us in that capacity. Our will and pleasure 
is, that forthwith upon receipt hereof, you doe accordingly Swear 
and Admitt him, the said Mark Hunkins, to be one of our Council 
of that our province of New Hampsliire. And for soe doing, 
this shall be your warrant. And soe wee bidd you farewell. 

Given at our Court at Saint James, the second day of March, 
1710, In the ninth year of our Reigne. 

By her Majestie's Command. 

Daktmouthe. 

To our Trusty and well Beloved Joseph Dudley, Esq., our Capt. 
General and Governour in Chiefe of our province of New Hamp 
shire, in America, And in His Absence to the Commander in 
Chiefe or to the president of our Councill of our said province for 
the time being. 

[p. 397.] The following votes was sent iipp to this 
Board by the House of Representatives, in licec verba se- 
quen : 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 491 

Whereas there was a vote of this House of the IG"' and 
20'** of June ultimo, for providing provisions, &c., for the 
subsisting- one hundred men, three months, but fearing that 
not sufhcient, — 

Voted, that in lieu of the three months' provisions, there 
be provided one hundred and twenty six days' provisions 
for one hundred men, and that the transport vessells be 
allowed eight shillings P. Tunn, P. month. 

July G"', 1711. Past by the House of Representatives. 

Sam^ Keais, Clerk. 

Read in Council & unanimously Consented to. 

Cha : Story, Secretary. 

Considering there was large Encouragement offered by 
this House to volunteers that would Inlist for the service of 
the Expedition to Canada, and none appearing thereon, and 
that those Impressed for the said service have had Large 
Encouragement from their Cap*^ and neighbors, wliicli with 
the Queen's Bounty and stated pay, wee think suflticient, 

Voted, that there be nothing*addcd to the pay of Officers 
or Soldjcrs. 

July G"\ 1711. Past by the House. 

Sam^ Keais, Clerk. 

6"' July, 1711. Read in Councill, and left to be con- 
sidered. 

Cha. Story, Secretary. 

Ordered, that Mr. Secretary Issue out a warr' of Apprize- 
ment to Robert Ellott and Mark Hunkin, Esq., Authorizing 
them to Apprize the two Transports with their Tackle, A]>- 
parrell, &c., upon Oath ; And make returne of the same 
into the Secretary's Office in three days. 



492 PKOVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 398.] Province of New Hamp. 

Att a Councill and General Assembly 
held at Portsm", the 23" July, 1711. 
Present, 
W" Yau.dian, ) y Richard Waldron, { y 

Robert EUott, \ ^^^'^- John Plaisted, J ^^^'^• 

Mark Hunkin, Esq. 

gir^ — By advice I have Resolved to cover the Addresses of both 
provinces fo her Majestie; In Answer to your votes, and because 
the fleet is ready to saile, and one of tlie frigatts detached Home 
will saile in a few days, to save the time I have sent this Express 
and Covered a copy of the Massachusetts Address, with very little 
alterations, which you will presently communicate to the As- 
sembly, which I direct you immediately to advise the Councill to 
call, that it may be presently Communicated, and, if they please, 
Agreed and signed bj-^ the Speaker* of the Representatives and 
your selfe in the name of the Councill, and let there be three of 
them at least sent to me for several Shipps. 

If you have but the Major part of the Commons it will be well, 
and because you are alreadj^ warranted by the first vote of the last 
session to address Her Majestie with Thanks. 

And then draw me out a copy of the votes of the Assembly in 
due Order, Your vote of thanks upon reading the Governour's let- 
ter, your agreement of men, transports, Victuals, &c., leaving out 
any superfluous vote, as Wliere the Commons agreed to but 80 
men; sett down only the last vote in those cases. And lett the votes 
be all single and fair upon halfe sheets of paper. This letter is 
open that Major Smith may read it, and bring his Deputies with 
him from Hampton to Expedite the matter, and he will send to 
Exeter to gett the Deputyes of that place to come presently to 
Portsmouth, all Depends upon yourExpedition. Cover j^our pa- 
pers to Colonel Noyce with a letter to Express y™ Immediately, 
unless you cann ride it your selfe. 

Your Serv*, 



J. Dudley. 



Mr. Treasurer wants a Sailor named Peter Man"! 
for an Officer on Board of the Transports ; 1 
send him Immediately by Land ; he wants two j 
more, if possible to be had. J 

♦[Probably this ktter was addressed to Charles Story, Sec] 



1711.] JOURNAL OP COUNCIL AND ASSEMBLY. 493 

[p. 397.] To the Queeii's most Excellent JTajcstie. 

The Humble Address of the Governour, Council And Assembly 
of yoitr Majestie's Province of Nevr Hampshire, in Kew Eng- 
land, Conven'i in General Assembly the twenty-second day of 
July, 1711: 

May it please your most Excellent Maj''*-", — 

Wee Crave leave humbly to prostrate our selves atyo"" JIajestie's 
Eoyal feet, with all Humble and Dutilull acknowledgments of 
Highest Gratitude for the Expressions of your Majestie's most 
Compassionate tender Regard to the prosperity of your good Sub- 
jects in these yo"^ Majestie's Northern plantations of America, 
Throughout the course of your Majestie's Glorious Eeign ; partic- 
ularly for the signal instance of your Majestie's Eoyal favour in 
the Gratious Acceptance of our late Humble Addresses for obtain- 
ing an Expedition to be made for the Reduction of Canada, and 
freeing us from those Grevious oppressions Avhich wee have long 
laboured under by the French of that Country, and the Salvages 
in their interests in so near neighbourhood to us. And that your 
Majcstie has been pleased to command the service of such nimibers 
of your skilfull Experienced Officers and choice Troops, with soe 
Considerable a squadron of your Majestie's shipps of Warr, in tlais 
important afiaire, and to commit the conduct thereof to His Ex- 
cellency Brigadier Hill, appointed by j'our Majestic Commander 
in Chiefe, and the Hon"''"' S"' Hovenden Walker, Admiral of your 
Majestie's Squadron, who hajipily arrived at Boston on the 21"^ of 
June past, with as speedy a passage as could be Expected, And 
the forces both of the Land and Sea part in good State of Health; 
the accoimt of which was Joyfull to us. 

The preparations for the i)art of this frontier Government, In 
Obedience to your Majestie's Commands for the Expedition by the 
Hand of the Honourable Colonel Nicholson, are carryed on with 
such Application in Eaising [p. 400.] the Troops of this province, 
and Transports to joyn your Majestie's Squadron, arc tliis day per- 
fected ; And wee render our most humble thanks to your Sacred 
Majestic for the cloaths, Arms, and other accoutrem'* for warr of 
your Royal Bounty directed for the benefit of your Majestie's 
Troops levied w'ithin these yo"^ Majestie's Govei'ments. 

May Almighty God, on vrhom your Maj'tie's Dependence is 
placed, be Gratiously pleased to smile upon this Noble Important 
Undertaking, and Grant Success thereto in Subduiugof Canada to 
your Majestie's Obedience ; it will be a Glorious Acquisition to 
your Imperial Crown of Great Brittaine, and of Unspeakable beu- 
efitt & advantage to the whole Brittish Empire. 



494 PROVINCE OF NEW-HAMPSHIRE. [1711. 

May God be alsoe Gratiously pleased to preserve yo"^ Majcstie's 
sacred i^erson, long continue yo' life & Reign, and prosper yo"^ 
Majestie's Just Arms Every where, for the Abasing of the pride of 
the Great Oppressor of Europe ; And that your Majestic may be 
Instrumental under God, to bring forward a si^eedy, hai)py and 
lasting peace, is and shall be the daily fervent prayer of 

Madam, 

Your Majesty's 
Loyal, Dutifull ATliankfull, 
Tho' distressed Subjects. 
Signed in presence and by Order of the Council. 

Cha. Story, Seci-etaiy. 
Portsm. in New Hampshire, in ISTew England, 22^^ July, 1711. 
Signed in presence and by Order of the House of Representatives- 

Richard Gerrish, Speaker. 



[p. 401.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm°, on Monday, the 30'*^ 
July, 1711. 
Present, 
Peter Coffin, | ^ Rich^ Waldron, ) p 

W^ Vaughan, \ ^^^^'^- John Plaisted, \ ^^^''®- 

Mark Hunkin, Esq. 

The following Letter from His Excellency the Governour 
was read at this Board and sent down to the House of 
Representatives, viz. : 

Boston, 27'^^ July, 1711. 
Gentlemen, — 

We have the news from the French j^rize lately broiight into 
this place, that there is a Great fleet from France likely to make 
their Impression upon tills Coast, and they may as easily look into 
your River as any other place. 

[p. 401. I have had consideration of your posture, and judge 
it necessary that the fort be strengthened with forty men, and the 
halfe of the Militia drawn and made ready for a march from 
Hampton, Exeter and Dover, to the Bank and New Castle, at a 
minute's warning, and desire you to send for Major Smith, and 
agree the matter to be made i-eadv. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 495 

If you have any thing other or further to offer, I desire you to 
write me by the post or Express as you see meet ; and two of your 
fishing Boats must be Listed and directed to come in at tlie first 
siglit of any fleet to give you notice. 

I am, 

Your humble Serv', 

J. Dudley. 
I allow you to see the Assembly and 
acquuinte them with this letter, to 
make pro\ision for the Subsistauce 
accordingly. 

To the Gentlemen of Her Maj"^-" ) 
Council of New Hampshire. I 

Voted in Council, 

That pursuant to his Excellency the Governour's letter? 
dated the 27'*' Currant, Advising the -danger of the French 
fleet designed to visitt the Coast, that her Majestie's fort 
W°' and ^[ary be [p. 402.] strengthened with soe many 
Soldjers as those already attached for that service shall 
make tlie number of forty, to be Raised out of the several 
Companyes of Militia in this province, in Equal proportion ; 
And that a spy Boat or two be kept out a Cruising at Sea 
between Cape Ann and Richmond's Island to discover and 
give notice of the approach of any fleet or slii|)ps to the 
number of live, and the Treasurer be forthwith directed to 
provide necessary Subsistance, which by virtue of this vote 
we promise in due season to Enable him to doe as well as 
to pay the other Charges accruing hereby. 

80"' July, past by the Councill. 

Cha : Story, Secretary. 

Past by the House of Representatives. 

Sam* Keais, Clerk. 

Ordered, that the Secretary Issue out his warrant to 
Sherifle, "Water Baliffe or Constable for tlie Impressing of 
one or two spy Boats according to the vote of the General 
Assembly. 

Prorouged till Wednesday, the 12"' of 7'^"", 10 of the 
Clock, ante merediem. 



49G TROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 403.] rrovince of New Hampshire. 

Att a Council and General Assembly 
held at Portsm", by prorogation, on 
Thursday, the 13"^ of September, 1711. 
Present, 
Major W'" Vaughan, | -,. ^,.^ John Plaisted, j y 
Sam'U^enhallow, ' \^'^''- Mark Hunking, r'^^'" 

An Act Entituled an Act for Establishing a General Post 
Office for all Her Majestie's Dominions, and for settling a 
weekly Sume out of the Revenues thereof for the services 
of the warr, and other Her Majestie's occasions, was this 
day ordered to be published by beat of Drum, &c., at the 
usual and accustomed place. Accordingly the said Act 
was published ; the Honourable, Her Majestie's Council, and 
several of the House of Representatives, being then present. 

Adj'^ till to-morrow, 10 o'clock, ante merediem. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm°, on Friday, the ll*^ 
of Sep'"', 1711, by adjournm', ante 
merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
W" Vaughan, ) -^ Sam' Penhallow, ) -r...^,.^ 

Nath> Wear, \ ^''^''' John Plaisted, \ ^''^''- 
Capt. Hunkin and Robert Elliot, Esqrs., are appointed a 
Comittce to joyne with two of the House of Representa- 
tives for Auditing the Treasurer's Accounts not yet Audited. 
Mr. Secretary Story was sent in a message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Excellency was pleased to make the 
following speech, in ha^c verba sequen : 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 497 

[Copied from Journal of the irousc.] 

Gentlemen, — 

Since I saw you in May last, her IMajestic's Fleet and foi-ces 
have happily arrived and been joyiied with the forces of t])is and 
the otlier Provinces, in obedience to her Majestie's command, and 
are proceeded toward Quebec and other places in possession of y'' 
enemy, and from whom we hope by the favovir of Almighly God, 
to receive a good account of their lirocecding and success. 

That which Imports us is, so far to be ready for their return, 
as to make provision for the just Payment of y^ subsistance and 
wages due to our Quota ; and that you may enable the Treasury, 
I have directed y^ Treasurer to lay before you an estimate of y^ 
charge, which tho' it cannot be exact, will well enough put y^ 
Representatives iuto the just consideration of w' is necessary, and 
wliich I have no doubt you will now i^rovide for. 

I have been a little more early this session than usual, that tlic 
Treasurer may be ready for the return of your forces, and that y*^ 
soldiers may not be oblidged to make an\- long attendance for their 
payment, Avhich will enervate y*^ charge. 

The Expedition of a French fleet upon the coast tliis Summer 
oblidged me to strengthen the fort with forty men, the one half 
whereof I have lately discharged, and shall soon reduce the rest 
to your winter posture. 

The ordinary Impost & Excise is nearly expiring, and may be a 
loss to the Revenue, if it be not at this time revived as is usual. 

I shall be glad of your good agi-eement in every thing, and shall 
not be wanting in any thing in my power to put forward her Maj- 
estie's service and the benefitt of all her good subjects depending 
upon tins Government. 

J. Dudley. 
32 



498 PROVINCE OF NEW-HAMPSHIRE. [1711. 

[p. 405.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmonth l)y adj* on Friday, 
the 14''' of September, 1711, post 
merediem. 
Present, 
His Excellency, Joseph Dudley, Esq., Governoiir, 
W™ Yaiighan, ) Sani^ Penhallow, ^ 

Nath' Wear, > Esqrs. John Plaisted | Esqrs. 
Eich' Waldron. ) Mark Hunking, ) 

Adj'^ till to-morrow morning, 10 of the clock. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm" by adj' on Saturday, 
the 15"' day of September, 1711, ante 
merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, etc., 

W™ Vaughan, Sam' Penhallow, 

Nath' Wear, ) ^ John Plaisted, ) ^ 

Rich^' Waldron, \ ^^'1^' Mark Hunkin, \ ^''^^• 

The Representation of Theodore Attkinson (1) relating 
to the defect of the platforme and Carriages, etc., at Her 
Majesties fort, was read at this Board, and a Comittee of 
both Houses appointed to view the same and make Report, 
which was accordingly done and Approved off, as upon file. 
Adj'' to-morrow, tenn of the clock, ante merediem. 

(I) [From Journal of the House, p. 25.] 

Sept. 14. 

COPY OF YE MEMOKIALL OF THEODORE ATKIXSOX, ESQ. 

May it Please yo'r Excellency : 

According to yo'r Excellency's Directions I have caused a House to be built for 
covering the carriages, &c., at her Majties Fort Wm. & Mary, and with the blaster 
Carpenter viewed what other things were necessary to be done there. We found the 
Platforme Defective in many places, which for the present are mended, but in a httle 
time must be new planked. We find the Carriages of ye Guns very Rotten. The 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 499 

[p. 40G.] Province of New Ilampsliirc. 

Att a Council and General Assembly 
held at Portsmouth on Monday, the IT"' 
of Sep'"", 1711, by xidj', ante nierediem. 
Present, 

His Excellency Joseph Dudley, Esq., Govcrnour, etc., 

W"' Yaughan, ) Eichard Waldron, ) 

Nath' Wear, \ Esqs. Sam' Penhallow, [ Esqs. 

Robert Elliot, ) John Plaisted, ) 

Mark Hunking, Esq. 

The following vote was sent upp from the House of Rep- 
resentatives to this Board, viz : 
May it please yo'v Honours, — 

Wee have perused and considered his Excellency's 
Speech, and wee finde by our votes that wee promised to 
Reimburse the Treasurer for Sundryes, which according to 
his Estimate, we think to be about eight hundred pounds ; 
and the other claims from Mr. Treasurer and other people 
that may have just Debts due, being to us yett uncertaine. 

Voted, That the thousand pounds coming into the 
Treasury in December next be Repeated for the payment 
of such promises and Debts as shall be allowed by the 
Comittee and approved off by the General Assembly, and 
the rest of Debts soe allowed wee promise to make pro- 
vision for payment off at our next session, at which time 

Powder house will want easeing before the snow, which with some other Repairs is 
humbly offered as absolutely necessary to be repaired forthwith. Your Excellency's 
Humble & Obedient servant, Theo. Atkinson. 

Kead at the Council Board. Upon the representation above said, Ordered, That 
John Plaisted & Mark Hunking, Esqs., be a Committee to joyn with two of ye Com- 
mittee of ye House of Representatives, forthwith to repaire to her Majesties Fort Wm. 
& Mary and make Report of what the charge of such Reparation in the Representa- 
tion mentioned will amount to. Cha: Story, Secy. 

Voted, That INlr. James Rendell and Geo. Jaffrey be of the Comittee of this 
House to Joyne with the Comittee for the above service. 

Sam. Keais. Clerk. 



500 PROVINCE OF NEW-HAMPSHIRE. [1711. 

wee hope care may be taken for the comittee to make their 
Returne. 

Past the House of Representatives. 

Sam" Keais, clerk. 
17*^ Sep'-, 1711. 

Read in Council and consented to nnanimously, and or- 
dered that a Bill be Drawn by the Secretary accordingly. 

Cha : Story, Secretary. 
Prorouged till Monday, the 8"' of October next, 10, ante 
merediem. 

[p. 407.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm'' by His Excellency's Es- 
pecial command on Monday, the 8"^ of 
October, 1711. 
Present, 
Peter Coffin, ^ Richard Waldron, ^ 

W" Vaughan, > Esqs. Sam' Penhallow, > Esqs. 

Nath' Weare, ) John Plaisted, ) 

Mark Hunking, Esq. 
His Excellency's Letter of the 1^' October, 1711, was 
read at this Board, in hsec verba : 

Boston, October 1^', 1711. 
Gentlemen, — 

I desire you upon sight hereof to Intimate a meeting- of the As- 
sembly upon Monday, tlie 8'^ Instant, and let the Inclosed si)eech 
be read to both Houses, and use your endeavour to obtaine the 
settlement of the Eevenew for the year and the enabling the 
Treasury to i^ay the Debts and forces. I pray you to use yo'' skill 
to doe the buisiness and if after three dayes you canu effect noth- 
ing publish the prorogation and rise with friendship. 
I am yo'' humble serv', 

J. Dudley. 

To the Honourable 
Major W" Vaughan, to be 
communicated to the Gentlemen 
of her Majesty's Council of New 
Hampshire. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 601 

Mr. Secretary was sent down to the House of Represen- 
tatives to call them to this Board, who accordingly came, 
(1) and his Excellency's Speech was read in haic verba 
sequen : 

Gentlemen, — 

The Great Ilurry of Affaires referring to the ffbrces in the late 
expedition and the Disposition of affaires of Her Majties forces 
depending- thereupon will not admitt of my seeing- of you at this 
time ; and the Expiration of the Act for the Excise and Impost 
being within a few dayes, and the forces returning and justly ex- 
pecting their payment has moved me to direct your session at this 
time. 

I suppose there canu be noe doubt of the continueing of the 
Act of Excise and Impost, which is always a Branch of the Rev- 
enue in all Her Majesties [r. 408.] Dominions & plantations, and 
we have much more need of it at this time of soe great exijeuces 
tlian at any time heretofore. 

And if there be any other Act canu be brought in to save the 
Laud tax I shall be always ready to doe my duty to Her Majesties 
Revenue and justice to the province for the payment of their 
Debts. 

I must desire you to enable the Treasury by Repeating and 
further Impressing soe many Bills, if you choose that way, as 
will pay the province Debts, which must be done by an Act 
Granting soe much as is soe Raised to Her Majestie for a fund for 
the same, least wee disparage our Bills soe as they loose their cur- 
rency and the Goverment their Creditt. 

I pray you to pass thro' these articles in two or three dayes ; 
and I have then directed a further prorogation to be then de- 
clared. J. Dudley. 

Colonel Shadrach Walton was sent for to know when he 
disbanded his soldiers which went upon the expedition to 
Canada. 

(1) [From Journal of the House.] 
October Sth. By an order from his Excellency the House met. 

Present, 

Mr. Speaker, Capt. Hill, 

Mr. Atkinson, Capt. Dudley, 

Mr. Wentworth, Mr. Kendall, 

Capt. Oilman, Mr. Marston, 

Mr. Tilton, Geo. Jeffrey, 
& ye Clarke. 



502 PROVINCE OF NETV-HAMPSHIRE. [1711. 

Answered, he disbanded them on Saturday last, the 
sixth instant. 
Adj'^ till to-moiTOw, 11 of the clock, ante merediem. 



[Pc 409.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm" by adjournment on 
Tuesday, the 9"^ of October, 1711, ante 
merediem. 

Present, 
Peter Coffin, ^ Richard Waldron, ^ 

W" Vaughan, [ Esqs. Sam^ Penhallow, [ Esqs. 

Nath^ Wear, ) John Plaisted, ) 

Mark Hunking, Esq. 
The following vote was sent from the House of Repre- 
sentatives and read at this Board, viz : 

Voted, That his Excellency the Governour be desired 
to Reduce the soldiers at the fort W™ and Mary to the 
usual number for the winter service. 
October 9'% 1711. 
Past the House of Representatives. 

Sam' Keais, Clerk. 
Read in Council and Consented to unanimously. 

Cha : Story, Secretary. 
Adj'' till 3 oclock, post merediem. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 503 

Province of New Hampshire. 

Att a Council and General Assembly, 
held at Portsm'\ by adjournm', on 
Tuesday, the 9"' of October, 1711, post 
merediem. 
Present, 
W™ Yaug-han, ^ Sam' Penhallow, J 

Robert Elliot, ! p John Plaistcd, > Esqrs. 

Nath' Wear, f ^^^^'^- Mark Hunking, ) 



Rich'' Waldron, 

The following votes being sent upp from the House of 
Representatives, was read at this Board, viz : 

Yoted, That two thousand pounds in Bills of Creditt be 
Impressed and signed by the Comittee, and Applyed for 
payment of such Debts as shall be allowed by the Com- 
mittee for Auditing the province Debts, &c ; and approved 
of by the General Assembly, and that a Committee be ap- 
pointed for drawing an Act accordingly. Past by the 
house. Sam'' Keais, Clerk. 

October 9"\ 1711. 

Consented to by tlie Council. 

Cha. Story, Secretary. 

[p. 410.] John Plaisted, Esq., & Mr. Secretary Story, a 
Committee appointed to joyne with two of the House of 
Representatives to draw upp the Act for Impressing and 
Signing two thousand pounds Bills of Creditt, and the Act 
for Repeating 1000"^ to be collected and paid by December 
next. 

Past by the Council. 

Cha. Story, Secretary. 

Yoted, Theodore Attkinson & George Jaffrey, a Commit- 
tee from the House of Representatives. 

Sam" Keais, Clerk. 



504 PROVINCE OF NEW-HAMPSHIRE. [1711. 

Yoted, That the Act for Excise within this province be 
continued for one year from the expiration of the former 
Act^ 
Past by the House. Sam'^ Keais, Clerk. 

October 9"', 1711. 

Consented to by the Council. 

Cha. Story, Secretary. 
Adj*^ till 10 o'clock, to-morrow morning. 



Province of New Hampshire. 

Att a Council and General Assembly 
held by Adjournm*, on Wednesday, 
the 10'^ of October, ITll, ante mere- 
diem. 

Present, 
Peter Coffin, ) Richard Waldron, ^ 

"W™ Vaughan, > Esqrs. Sam' Penhallow, > Esqrs. 
Nath' Wear, ) John Plaistcd, ) 

The following vote beijig sent npp from the House of Rep- 
resentatives, (1) was read at this Board : 

Yoted, That M' Speaker and Mr. George Jaffrey be a 
Committee to joyne with some of the Council to view what 
stores is Returned, &c., from the late expedition, &to dis- 
pose of such of them as they think best for the province 
advantage ; And the rest to be Housed in the magazine. 
10 October, 1711. 
Past by the House of Representatives. 

Sam" Keais, Clerk. 

Read at the Council Board, and voted that Richard Wal- 
dron & Mark Hunking, Esqrs., be a Committee to joyne 
with the Committee of the House of Representatives. 

Cha. Story, Secretary. 

(1) [From Journal of the House.] 
IMemoraudum. Capt. Gilmau aiid Mr. Epha. jMastou absented tliemselves with- 
out leave. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 505 

[p. 411.] The several Bills following having been three 
several times read, were past to be enacted and consented 
to by his Excellency the Govern% and by him signed ac- 
cordingly,, viz : 

An Act for Continning the Dutys of Excise, &c. 

An Act for Emitting Bills of Creditt, &c. 

An Act for Repeating one thousand pounds, &c. 

I doe hereby prorouge the General Asscm])ly of the prov- 
ince of New Hampshire, to Thursday, the fifteenth day of 
November next. 

Given under my hand, 

J. Dudley. 

And accordingly, the General Assembly of this province 
is prorogued to Thursday, the fifteenth day of November 
next. 

[p. 412.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm", by his Excellencye's 
Especial Directions, on Tuesday, the 
30^^ of October, 1711. 
Present, 
W Vaughan, ^ John Plaisted, ) y 

Robert Elliot, VEsqrs. Mark Hunking, j ^^'i'"'- 
Sam" PenhalloWjJ 
The foil. Letter was read at this Board, in hajc verba : 

Boston, 25"^ Octob"-, 1711. 
To the Gen" Assembly. 
Gentlemen, — 

Two dayes since U General Nicholson arrived here, and the As- 
sembly, sitting, have had conference with him, and he gives ac- 
count that the several Goverments westward are petitioners by 
their Addresses, that Her Majestic will be pleased in Her Loyal 
Regard to Her provinces in North America, to Eenew the expedi- 
tion the next year. And the Assembly now sitting have agreed 
the same, and their Committees are now drawing their Addi-ess. 

I desire and Dhect that there be an Extraordinary session of 



506 PROVINCE OF NEW-HAMPSHIRE. [1711. 

the General Assembly of the province of New Ilampsliire, holden 
at Portsmouth, on Tuesdaj'^, the 30* of this Instant October, for 
the Consideration of an address to Her most saci-ed Majestic, that 
she will be pleased to Renew the Expedition against Quebeck, 
with lutmble lleprescntation of your great Distress by the warr, 
and Great poverty and Incapacitye to support yo'' frontiers at 
Home and a Quota of force abroad ; However humbly to pray 
that wee be not left a prey to the Insults of the enemy. 

Yo'' humble Serv', 

. J. Dudley. 

L' General Nicholson gives his Service to the 
Gentlemen of the Council and Assembly. 

Mr. Secretary Story, of Her Majestie's prov- 
ince of New Hampshire, to be communicated. 

Gentlemen : — 

Upon receipt of this Letter I desire you to communicate it to 
the Gentlemen of the Council, Mr. Speaker Gerrish, and such 
members of the Representatives as are usual, and lett the Sherifle 
be directed [r. 413.] to warn the session accordingly. And I hoi^e 
to enclose a copy of the address of this Goverment, or a minute 
of it, that you may use your own words and method. 

Wee are sensible here that the news of a New Expedition at 
Quebeck will do us service ; aiid truly, if an Exi^edition or peace 
doe not relieve us, wee shall be Greatly waisted. 

I doe not Doubt but every body will come into it. I desire Mr. 
Secretary and Mr. Speaker -nail signe two faire copyes in forme, 
Leaving Room for me. 

And I shall expect it Exj^ress, and the Court may Rise upon 
the former prorogation to the time ai)poiuted. 

Yo'- ServS 

J. Dudley. 
To the Gentlemen of Her Maj"''' 

Council of New Hamiishire. 

The following vote was sent npp from the House of 
Representatives : 
Voted, 

That there be an Address from the House to the Queen's 
most Excellent Majestie, that an Expedition be brought on 
for the Reducing Canada the next Spring, and that Geo. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 50T 

Jaffrey and Theodore Attkinson be a Committee to joyne 
with two of the Council to draw upp the said address, and 
that the Speaker -signe in behalfe of the House of Repre- 
sentatives. 

30'" October, 1711. 

Past the House of Representatives. 

Sam^' Keais, Clerk. 

Read in Council and Consented to, and ordered that 
Sam" Penhallow and John Plaisted, Esqrs., be a Committee 
of this House to Joyne with the Committee of the Repre- 
sentatives, in drawing said address ; And that Mr. Secre- 
tary Story subscribe and signe the same by order of the 

Council. 

Cha : Story, Secretary. 

[p. 414.] To the Queen's 3Iost ExceUent 3fajestie :— 

Wee your Majestie's most Loj-al and Dutifull subjects, the Gov- 
ernour, Council and Eepresentatives of this your Majestie's prov- 
ince of New Hampshire, in New England, in America, Convened 
in General Assembly, the 30"^ day of October, 1711, Most humbly 
crave leave to ack nowledge yC Majestie's most gracious favour, 
In the late Important Expedition against Canada which (If suc- 
ceeded) might under God be of unspeakable advantage unto us, 
as well as Enlarging the Territories of yo-^ Majestie's Imperial 
Crown in these Northern plantations. 

But whereas the Divine Soveraignty was pleased to disappointe 
that noble designe, in which wee yielded a chearfuU obedience to 
your Majestie's Loyal Commands, would humbly Crave y' not- 
withstanding the Disappointment, your Majestic Avould gratiously 
accept of our sincere designe and Endeavours therein. 

Att same time most humbly pray. If in your princely wisdom 
you see meet, that your Majestie would Gratiously please to Ee- 
new the Expedition in the Spring, for the Reducing of that Coun- 
try unto your Majestie's obedience. 

And whereas one halfe of our men are Employed against the 
daily Insults of a Barbarous Enemy, which render us very poor 
and feeble, and considering that one-third of our ^^ouug men at 
least, yearly goe abroad, few of whom returne again. Wee humbly 
begg your Majestie's most Gratious favour respecting our Quota 
of men under the present distressing circumstances, and humbly 



508 PROVINCE OF NEW-HAMPSHIRE. [1711. 

prostrate our selves at yo'^ lloyal feet — with earnest supplications 
unto Ahniiihty God for your Majestie's Long Life, and Success 
unto your Majestie's just anus. 

yice hegg leave to subscribe 

Madam, yo"" INFaj'''^* most Loyal and 
Dutiful! Subjects. 
Signed in presence autl by order of the Councill. 

Clia: Story, Secretary. 

Portsm° in New Hampshire in New England, 

30"' October, 1711. 
Signed in presence and by order of? 

the House of llepresentatives, ^ 

Eichard Gerrisli, Speaker. 

[p. 415.] The General Assembly were Prorouged till the 
15"' day of November next comeiiig. 

Mett according ; Prorouged till the 21^' of November 
Curr'. 

Mett accordingly, Prorouged till the 22'' Curr'. 

Mett accordingly, Prorouged till the 29"' Curr*. 

Mett accordingly, Prorouged till the 6"' X'"' next. 

Mett accordingly, Prorouged till the 6'" Feb'ry following. 

;Mett accordingly, Prorouged till the 7"' Currant. 

!N[ett accordingly, Prorouged till the 14"' Curr^ 

Mett accordingly, Prorouged till the 25"' March, next 
ensuing. 

Mett accordingly, Prorouged till the 27"' Curr'. 

Mett accordingly, Prorouged till the 30"' of April next. 

Mett accordingly, Prorouged till the 1^' day of May next. 



Portsmouth, New Hampshire, 

Nov^ 1711. 

[From MS. CorresiDondeuce iu Secretary's Office, pp. 2.'?— 25.] 
Instructions for Henry Xewman, Esq.* resident in "Westminster, 
employed by the Governour and Council of this her Majesty's 
Province, at "Whitehall : 

*Thcse appear to be a first draft, by Gov. Dudley. 



1711.] JOURNAL OF COUNCIL AND ASSEMBLY. 509 

You shall upou the arrival of these letters, attend Lieutenant 
General Nicholson & communicate to him the Address now sent 
you, & pra}- him to countenance & favour you in the i)resenting' 
your petition ; and Accordingly depend upou his advice in all 
things. 

You shall also comunicatc tlie Address & these Instructions to 
Jeremiah Dumer, Esq., Agent for the Massachusetts; & it may he 
present your Address at the same time, with Colonel Nicholson's 
advice. 

You shall by your Memorial represent to her Majesty or my 
Lord Dartmouth, as may be judged best, the sorrowful estate of 
the Province, consisting of no more than one thousand tighting 
men, in six or seven open villages, Avho are always obnoxious to 
the Inroad of the partyes of Indian and French, and alwajs arc 
upon their guard and scouting. 

Besides the one hundred men that have now for three years past 
been in service by her Majesty's especial command, which is a very 
great charge to the Trovlncc; besides forty men in service at the 
Forts; you shall carefally [.?] pray some abatement in the said 
number of men, in any New Expedition, and that the lower Gov- 
ernors of the Jerseys, Pennsilvania, Maryland & Virginia may 
supply men or be charged a sume of money to the assistance of 
the Expedition. 

You shall carefalhj* move as all the Governors do, that a new 
Expedition may be raised, & that Gen. Nicholson be employed 
therein, who perfectly understands the /orces of the Provinces, the 
state of the country, and what is to be feared if we be now left. 

You shall pray for a Garrison for the fort at Newcastle in this 
Province of forty men, to be upon the Brittish establishment, who 
need a Lieutenant with them; Colonel Walton, who has her Maj- 
esty's Commission for a Colonel, being at present Captain of the 
Fort. 

[Not consented to, therefoi'e left out.] 

You will always remember that this Province is next to the 
Eastern Indians, who arc the most troublesome upon the Conti- 
nent. 

You sliall represent the perfect obedience of this Goverm' to her 
Majesty's Commands in all things, of men, «fe provisions & trans- 
ports the last year to Port Royal, & this year towards Quebeck ; 
and the heavy Debts that are upon us at tliis time to be discharged 
upon that account. 

♦Perhaps the word is earnestly. — Ed. 



510 PROVINCE OP NEW-HAMPSHIRE. [1712. 

And wc intirely submit ourselves to her Majesty's disposal. 
Signed by order of the Governor & Council. J. D. 

C. S. 

Upon receipt hereof, summon & Communicate these Instruc- 
tions to them, & let them adde, alter or correct what they i)lease. 
They will pardon me to be thus free "svith them ; it is my sincere 
respect to the welfare of the Province, as well as the necessary 
Expedition of the papei's, which must be with me by Monday, 
which is the last day the General will stay. 

You may use the advise of Mr. Speaker, and any member of the 
house of Representatives, if you please. I would have done all 
this in full officially, but you see the time will not admit. Send 
imediately for Mr. Waldron & other Gentlemen of the Council & 
let them proceed in this aflair, as they, having mett in Council, 
shall determine. 
Mr. Secretary Story. J. Dudley. 

Nov. 7, 1711, 

Make ready your i^apers for "Whitehall. 
Indorsed — "For her Majesty's service. — J. Dudley. To Charles 
Story, Esq., Secretary to her Majesty's Province of Ncav Hamp- 
shire, Portsmouth. To be Exprest by Col. Hawthorn, Col. 
Noycs, to Ilamxjton." 



[p. 416.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by Prorogation, 
On Monday the fifth day of May, 1712. 
Present, 
His Excell. the Govern'', 
Major Vaughan, ^ Sam" Penhallow, ^ 

Robert Eliot, > Esqrs. John Plaisted, > Esqrs. 
Nath" Wear, ) Mark Hunking, ) 

Mr. Secretary being sent as a Message to call the House 
of Representatives to this Board they accordingly came,* 

*3Iembers of the House. 

Present, 

Ye Speaker, Capt. Hill, 

Mr. Atkinson, Mr. Jones, 

Capt. Dudley, Mr. Kendall, 

Danl. Tilton, Maj'r Smith, 

Eplia. Maston, Geo. JaftVey, 

Capt. Gilman, Saml, Keis. 



1712.] JOUENAL OF COUNCIL AND ASSEMBLY. 511 

and his Excellency was pleased to make the following- 
speech, in hiEC verba seqiien : 

Gentlemen, — 

The Disaster of Ilcr Majestic's fleet and forces last year has, as 
wee might Expect, Encouraged the Indian Rebels in their Inroad 
upon us, And wee must be content Early to Apply our selves to 
our usual method of comeiug- into strict Garrisons, Scouting & 
marching in the frontiers, and to the fishing places, to prevent their 
Lodging near us. 

I have therefore Eesolved to Double the forces in the province 
of Maine, and Given Orders accordingly, Since my coming hither, 
and Judge it necessary that there be a party of this province of 
forty men at least, with proper Officers, to March from Kingstown 
to Cochecho Every two or Three dayes, and that halfe the Militia 
be drawn out to stand ready for a March where the Enemy shall 
be known to Approach us with any Great Number, which is to be 
Expected by an Intelligence from Casco Bay, wliich I shall Com- 
municate to j^ou. 

Her ]Majestie's fort must also be inforced with the usual number 
for the Svimmer Service. 

I must alsoe recommend to you the Establishment of the Impost, 
which was abated the last year, and is certainly a Surprise to the 
Goverments at Home, for chat there is every v/here a Duty upon 
shipping and Trade for the support of the publick Charge, in the 
ease of the Land Tax. which is always heavy upon the Country. 

[p. 417.] In yo'' Ordinary alfaires of the province, I shall shew 
myselfe ready to doe my duty for Her Majestie's service and the 
bencfitt of all Her Majestie's good Subjects, as I ought. 

Adj'^ till 3 o'clock, post merediem. 



Province of New Hampshire. 

Att a Council and General Assembly 
at Portsmouth, by adj*, on Monday, 
the 15"' of May, 1712, post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"", &c., 

Major Yaughan,") Sam" Penhallow, J 

Kobert Elliot, I -^ John Plaisted, > Esqrs. 

Nath' Wear, f^n^'^- Mark Hunking, ) 

RichMYaldron, j 



512 PROVINCE OF NEW -HAMPSHIRE. [1712. 

The following vote was sent upp to this Board from the 
House of Representatives, in ha;c verba sequen : 
Pro. N. Hampshir. 

Voted, that his Excellency be desired to give Orders for 
a scout of forty men between Kingston & Cochecho, with 
good officers to Command them, for securetye of our fron- 
tiers. By Order of the House of Representatives. 

Sam^^ Keais, Clerk. 
5"> May, 1712. 

The Council unanimously Agrees to this vote. 

Cha. Story, Secretary. 

Adj'^ till to-morrow, 10 of the clock, ante merediem. 



[p. 418.] Province of New Hampshire. 

Att a Council and General Assembly 
held at portsmoutli, by Prorogation, 
on Tuesday, the 6"^ of May, 1712, 
ante merediem. 
His Excellency Joseph Dudley, Esq., Govern'', &c., 
Major Vaughan, "^ Sam" Penhallow, \ 

Nath" Wear, I John Plaisted, \ Esqrs. 

Robert Ellott, [ Esqrs. Mark Hunking, ) 
Rich'' Waldron, j 

To His Excellency, the Govern'', the Hon'''*' the Council 
and Representatives in General Court Assembled : 

The humble petition of Samuel Foulsham, Humbly Shew- 
eth, — 

That whereas your petitioner lives between the Bounds 
of the Town of Hampton and Portsmouth, in the province 
of New Hampshire, He is Rated by both of the said 
Towns, and has paid his province Rates to each Town, in 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 513 

which case humbly craves your Exccll. and Honour's Re- 
liefe. 

Your Excellency and Honour's most Humble scrv', 

his 

Sam"y| Foulsham. 

mark. 

Upon Readmg this petition, — 

setting forth that the Constable of portsm" lias taken 
sixteen shillings for a province Rate for the year 1711, 
And the Constaljle of Hampton thirty-two shillings for sev- 
eral Rates the said year, both upon pretence of his being 
within the Bounds of their several i^recincts or Constables 
Rick,* 

Ordered, that the said Foulsham be hereby discharged 
from the payment of any tax to any of the said places for 
the future, untill this matter shall be settled. And the 
Govern'', Council and Assembly give order therein ; upon 
peril of any such Constable's suffering for his Contempt of 
this Order. 

Read in Council, the G'"" May, 1712. 

Cha: Story, Secretary. 

[p. 419.] And upon further Application of Elias Phil- 
brook, he having paid the Rates as aforesaid, being of the 
Same Circumstances, that he have the like Ijcnelitt of this 
Order with Samuel Foulsham, the petitioner. 

In Council, 

Cha : Story, Secretary. 

Read in the House of Representatives and voted, — 

That noe Rates are taken from the said Foulsliam and 
Philbrook by either of the Towns, untill the Bounds are 
sett. 

Sam" Keais, Clerk. 

Adj'^ till 3 o'clock, post merediem. 

* Jiic or rjc/v,— a district over wliicli government is exercised.— Web. Die. 
33 



514 PROVINCE OF NEW-HAMPSHIRE. [1712.* 

Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, on Tuesday, the 
6"^ day of May, Anno Domini 1712, 
post merediem. 
Present, 
His Excellency Joseph Dudley, Esq., GoTcrn'', 
Major Vaughan, ) Sam" Penhallow, J 

Robert Elliot, > Esqrs. John Plaisted, \ Esqrs. 
Nath" Wear, ) Mark Hunking, ) 

Timothy Gerrish (1) was sworn as a member of the 
House of Eepresentatives, and took the oaths appointed by 
Law, and subscribed the Test and DecP, &c. 

Ordered, that all Bills of Crcditt of this province, being 
any way Defaced, that may be made Certaine to be true Im- 
printed Bills, shall from time to time be changed by the 
Treasurer of this province. 

The Petition of Nath" Wear, on behalfe of himselfe and 
the Inhabitants [p. 420.] of the new parrish of Hampton, 
was read at this Board, and sent Down to the House of 
Representatives, in hgec verba sequen : 

To His Excellency Joseph Dudley, Esq., Goveni"" and Commander 
in Chiefe, and the Honourable the members of the Couucill in 
the province of New Hampsliire ; And the Members now sitting- 
in General Assembly. 

The Humble Address and petition of Nath" "\Veare, in behalfe 
of himselfe and diverse others, on y"" desire, who are Her Majes- 
ties Loyal and Dutifull Subjects belonging to the New parish at 
Hampton flails, Most Humbly sheweth, — 

That although wee are comed to a Good measure of settlem' 
through God's good i)rovidence among us, both to Church and 
Miuistry, to the Great Satisfaction of all as farr as wee know, 

(1 ) [From Journal of the House.] 
May etli. Upon ye death of 3Ir. Ezekiel Weutwortli. Capt. Timothy Gerrish was 
chosen a Representative from the Town of Dover, and Saml. Penhallow, Esq., came 
with Mr. Secretary Story, and gratifyed ye said Capt. Gerri.sh by administering the 
oaths, &c., appointed. And the sd. Capt. Timothy Gerrish is admitted a member 
accordingly. 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. " 515 

And the Town in General, to Raise a tax for the support of cacli 
minister as by the said order may appear ; Yett there are several 
charges that doth arise that arc proper, particularly by those that 
belong to our parish, to be paid, as wood for to be provided for 
our minister, and fencing the parsonage Land, and for paying the 
schoolmaster, and several Charges that doth Rise relating to Min- 
ister and schooling, which cannot be equally discharged, or prom- 
ises justly performed, without a Tax on the Inhabitants in this 
parish. 

Wee therefor pray that wee may have liberty and power to con- 
vene the Inhabitants together that belong to this parish from time 
to time, to Consider and Agree about those things that are need- 
full as to the ministry and schooling ; And that wee may choose 
assessors among our Selves to be joyiied with the Select men that 
belong to our parish, to assess the estates of the Inhabitants be- 
longing to our parish, for the Defraying of all such charges as 
shall from time to time [p. 421.] Arise Relating to these Affaires, 
all being Concerned in this affaire that live westerly of the Line 
Returned by tlie Committee, and that such Taxes shall be col- 
lected and Gathered by the Constables from time to time, and 
I)aid according to Order of said assessors : all which as in your 
wisdom shall see meet. 

And your petiouers, as in Duty Bound, shall ever pray, &c. 

Nath" Wear. 

The aforesaid petition was sent l^ack from the House of 
Representatives to this Board, with the following Returne 
in licec verba sequen : 
Pro. N. Hampshr. 

Wee are humbly of opinion that the petitioner be Re- 
ferred to the General Town meeting of Hampton ; by order 
of— 

The House of Representatives. 

Sam'^ Keais, Clerk. 

The Council Consents to the Reference above and directs 
the Inhabitants of Hampton to proceed thereupon at next 
Town meeting and make a Returne to the next General 
Assembly of this Province. 

Cha: Story, Secretary. 

Adj'^ till tenn o'clock to-morrow morning. 



516 PROVINCE OF NEW-HAMPSHIRE. [1712. 

[p. 422.] Proyiiice of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjournm*, on 
Wednesday, the 7*^ day of May, Anno 
Domini 1712. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, &c., 
W° Yaughan, ) Sam^ Penhallow, J 

Nath" Wear, [ Esqrs. John Plaisted, V Esqrs. 

Eichard Waldron, ) Mark Hunking, ) 

The Petition of William Partridge, Relating to his being 

Grosly abused by Capt. Armstrong, was Read at this 

Board, in hsec verba sequens : 

To His Excellency Joseph Dudley, Esq., Capt. General and Com- 
mander in Cliiefc of Her Majestie's provinces of the Massachu- 
setts, New Hampshire, &c., and Vice Admiral of the same, and 
to the Honourable Her Majestie's Council : 

The Humble petition of AVilliam Partridge, Inhabitant and free- 
holder in the Town of portsmouth, in the province of Xew Hamp- 
shire, sheweth, — 
That your petitioner sometunc in October last past was in his 

own House, at which time one Cap* Armstrong with two of 

his men, forceably entred your petitioner's House, seized his per- 
son and forceably carried him on Board said Armstrong's vessell, 
there kept him several Dayes under pretence of your petitioner hav- 
ing a hand in Concealing or Convejing away one Rust, a soldier ; 
on Board said Armstrong Punished your petitioner at his 
pleasure, and forced liim to signe a writing, but what it was yo"^ 
petitioner know^eth not, save onely as is Reported that it was for 
Listing him a soldier; then Turned your petitioner on shoar ; But 
now said Armstrong is come hither againe and Demanded at your 
[p. 423.] Petitioner's House for Him : That your petitioner is 
under Great fear that the said Armstrong will do liim Injury, as 
at tii'st. 

Your petitioner doth therefore humbly pray Your Excellency's 
favor in this case soe farr as that your petitioner may be secured 
from such violent Actions of said Armstrong, and his person Pre- 
served in such manner as in yo"^ Excellency's Wisdom shall see 
meet. Soe prays your Excellency's most 

Humble servant, 

W" Partridge, Jun. 



1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 517 

111 Answer to this petition It is supposed by the Honour- 
able the Council, that noe person [?] will presume to take by 
force any of Her llajestie's Subjects out of this province. 

However, It is Ordered that the Justices and High Sher- 
iffe of this province take care that none of Her Majestie's 
said Subjects be taken or Carried away out of the said 
province without the Knowledge and Approbation of the 
Goverment, Agreeable to Law. 

Consented to in Council, 

Cha: Story, Secretary. 

Some proofs upon file relating to this petition. 
Adj'' to 3 o'clock, poste merediem. 



[p. 424.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adjourm*, on 
Wednesday the 7*^ of May, 1712, post 
merediem. 
Present, 
His Excellency Joseph Dudley, Esq., Govern"", 
"William Vaughan, ^ Sam" Penhallow, ) 

Nath" Weare, > Esqrs. John Plaisted, i Esqrs. 

Richard Waldron, ) Mark Hunkine;, \ 

These are to certifie that Salathiel Deiibow was Imprest 

for the Expedition to Canada last Summer. 

James Davis, Cap'. 
Dover, April 29'^ 1712. 

These are to certifie that Salathiel Denbow was wounded 

in her ]\Iajestie's service in the late expedition to Canada, 

having his thigh broke and a fracture in the skull. 

James Jaffrey, Cap'. 
Portsm° March 27'% 1712. 

7"" May, 1712. Eead and Recommended to the Repre- 
sentatives for subsistance and satisfaction. 

Cha : Story, Secretary. 



518 PEOTINCE OF NEW-HAMPSHIRE. [1712. 

Voted, That there be paid unto the said Salathiel Den- 
bow from the Treasury Tenn pounds for subsistance and 
satisfaction. 

P. order of the House of Representatives. 

Sam^^ Keais, Clerk. 

7*^ May, 1712. 

Consented to by the Council. 

Cha : Story, Secretary. 
The following vote was sent upp from y° House of Repre- 
sentatives, in h£ec verba sequcn : 

Voted, That there be seven soldjers added to them at 
Her Majestie's fort at New Castle for the Summer Service. 
Past by the House. 

Sam^^ Keais, Clerk. 

7"^ May, 1712. 

Consented to by the Council. 

Cha : Story, Secretary. 
Adj*^ till to-morrow morning 10 o'clock, ante merediem. 



[p. 425.] Provmce of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, on Thursday, the 
8^^ day of May, 1712, Ante Merediem. 
Present, 
W°^ Vaughan, ) Sam" Penhallow, ) 

NatW^ Wear, \ Esqrs. John Plaisted, V Esqrs. 
Rich^^ Waldron, ) Mark Hunking, ) 

The following note was sent down to the House of Rep- 
resentatives, in hp3C verba sequen : 

Upon a message of the House of Representatives Refus- 
ing to lay any dutyes of Impost upon Goods & Merchandize, 
The Council take leave to Represent to the Govern"" that 
they are very willing to come into any Act for the Estab- 
lishment of a just Impost upon the Trade of the province, 
as has been used in all past times, and as in force in all 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 519 

other Her Majestie's Governments in America ; Tliereby 
to assist & ease the Land Tax, which is very heavy upon 
the Husbandry of the province, if it might be obtained ; 
And tliis tliey Judge to be their Duty to Her Majestic and 
all Her Majestie's Good Subjects within this province. 

Read in Comicil, 8'" May, 1712. 

Cha : Story, Secretary. 

The Petition of John Hinkes, Esq., was read at this Board 
Relating to an action Commenced ag* him by John Cross, 
and for money due to him from this province, &c., as on 
file,— 

Whereupon his Excellency the Govern'' was humbly de- 
sired in Council that nothing may be done In Answer to 
the said petition to stopp the proceedings of Law and Jus- 
tice ; there being Judgement ag' the petitioner, In Her 
Majestie's Inferio'' [p. 42G.] Court of Common pleas in 
this Province, and that the Committee of publick acc*^ re- 
ceive any Challenge of Debt upon the province, from the 
petitioner, and to Report the same to the General AsscmUy. 

Sent down to the Representatives for Concurrence. 

In Council, 

Cha : Story, Secretary. 

Read in the House of Representatives and Concurr'' with 
the Council's Opinion. 

Sam" Keais, Clerk. 

Adj"* till to-morrow morning, 10 of the clock, ante mere- 
diem : 



520 PROVINCE OP NEW-HAMPSHIRE. [1712. 

Province of New Hampshire. 

Att a Council and General Assembly 
held by adj^ at Portsmouth, on Friday, 
the ninth day of May, 1712, ante mere- 
diem. 

Present, 
His Excellency the Governour, 
TV"" A'aughan, ) Sam" Penhallow, ) 

Nath^ Wear, [ Esqs. Jn'' Plaisted, [ Esqs. 
Rich'' Waklron, ) Mark Hunking, ) 

The following petition was read at this Board, in hose 
verba Sequen : 

To Ills Excellency Joseph Dudley, Esq., Ccq^t. General and Gov- 
ernour in Chiefe, in and over Her Majesties provinces of the 
Ilassachusetts and New Hampshire, <6c., and to the Honourable 
the Council noiv sitting at Portsmouth, together with the Bep- 
i^esentatives in General Assembly: 

The Humble petition of the Poor Inhabitants of the Townsliipp 
of Kingstown witliin said pro\'ince of New Hampshire, Sheweth, 
Whereas, the Inliabitants of tlie Said Town have hitlierto on 
ace' of tlie Warr been cleared from all publick charge, and the 
enemy now insults us as much [p. -427.] as ever, and there now be- 
ing a Rei^resentative required of us, our circumstances being in a 
\Qv\ Low Condition, and the enemy like to be as troublesome as 
ever they have been: 

Yo"" Petitioners therefor humbly prays yo"^ Excellency and the 
Honourable the Council, that wee may as yett stand on the Estab- 
lislmient wee did before, till such time as your j)etitioners are 
better able ; Wee humbly submitting our selves to what your Ex- 
cellency and the Honourable the Council shall Judge meet. 
Soe prays yo"" humble Petitioners, 

Jon^ Sanburn, In behalfe of the Town. 

Upon Reading this petition. The Council Declares that 
they are very sensible of the good service of the Inhab- 
itants of Kingstown and the hardshipp they labour un- 
der in and shall use all methods for their Encouragement. 

And therefor Recommend to the Representatives the 
prayer of being eased of the present tax and of the at- 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 621 

teiidancG of a Representative During the present Distress 
untill further order. 

Read In Council. Clia : Story, Secretary. 

Pro": N. Hampshire. 

Voted, That the town of Kingstown be excused from 
sending a Representative & paying any part of tlie prov- 
ince charge for the present year, provided they assist the 
scouts with pilots at their own charge whenever required. 

May T\ 

Pr. order of the House. 

Sam*^ Keais, clerk. 

Consented to by the Council. 

Cha : Story, Secretary. 
Adj'^ to 3 o'clock, post merediem. 



[p. 428.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adj' on Friday, 
the 9^^ day of May, 1712, post mere- 
diem. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
W™ Vaughan, J Sam" Penhallow, ) 

Nath^ Wear, [ Esqs. John Plaisted, S Esqs. 
Rich'^ Waldron, ) Mark Hunking, ) 

The following Petition was read at this Board, in hcec 
verba sequen : 

To his Excellency the Governoicr, the Honourable the Council, 
and Bepresentatives in General Court assembled: 
The humble petition of Edward Toogood, Robert Almery, Ed- 
ward polly and Roger Swaine Humbly sheweth, — 

That whereas your petitioners did each of us, by order and 
command of the authority in y^ place, take care to Dyett, Lodge, 
JSTurse and provide for sundry sick and weak men cast away at 
Boon Island and brought liither in December or January, 1710-11, 
whom wee did with much Trouble and paiues look after until 



522 PROVINCE OF NEW-HAMPSHIRE. [1712. 

tliey were in some ineasure Kecovered and wei-e discharged by the 
said Authority, for which wee were i)romised Good satisfaction, 
but as yet, altho' wee have already made application to the last 
General Assembly wee cann obtaine noe beliefe or Satisfaction ; 

We therefore now humbly Renew our Addresses to your Ex- 
cellency and Honours, that our Accounts may be perused and al- 
lowed, and what reasonable satisfaction you shall see meet may 
be made us. Wee are 
Yo"' Excellency's and Honours most humble serv'% 

Edward Toogood, 
Rob'. Almery, 
Edward Poliy, 
Roger Swaiue. 

[p. 429.] The aforesaid petition was read in Council & 
Recommended to the Representatives for payment, least the 
Government be Reflected upon for neglect of the puLlick 
charitys to distressed persons of our own nation. 

Cha : Story, Secretary. 

The following vote was sent upp from the House of Rep- 
resentatives, viz : 
Province of New Hampshire. 

Voted, That his Excellency be desired to allow there 
may be a Breife* in the several parishes, within this 
province, for the satisfieing the persons who took care of 
the men lu'onght from Boon Island hj the Christian Charity 
of the people of the said parishes. 

May 9"\ 

Past by the House of Representatives. 

Sam" Keais, Clerk. 

Consented to by the Council. 

Cha: Story, Secretary. 

Voted, That every minister called and Qualified accord- 

*Brief,—% letter-patent, from proper authority, autliorizing a charitable collection, 
&,<^.— Web. Die. 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 523 

ing to the Law of the province shall at all times have a 

serv' free from any Impress. 

Sam' Keais, Clerk. 

By order of the house of Representatives. 

Sam' Keais, Clerk. 
Consented to hy the Council. 

Cha : Story, Secretary. 
Adj'' till to-morrow morning, 10 of the Clock. 



[p. 430.] Province of New Hampshire. 

Att a Councill and General Assembly 
held at Portsmouth l)y adjournm', on 
Saturday, the 10"' of May, 1712, ante 
merediem. 

Present, 
His Excellency Joseph Dudley, Esq., Govern'", 
W™Vauglian, ) Sam" Pcnhallow, ) 

Nath' Weare, > Esqs. John Plaisted, > Esqs. 

Richard AValdron, ) Mark Hunking, ) 

Province of New HamiDsli"". 
To His Excellency the Governor and ITon'ble the Council now 

sitting at Portsmouth: 

I had the Honour of commandmg the soldjers at the fort W° 
and Mary last year, during- which time, according to your Excel- 
lency's directions, the men were often clianged from eight to forty, 
and by the request of the Commanders from whence they came, 
and the ease to the people, they were shifted some a week and 
some two, as you may see by the muster Roll, some longer; and 
those men coming from Tenu Companyes, shifting almost every 
one at different dayes, caused me continual Trouble, When I put 
in the muster Roll I put an article of Double SentinaFs pay for 
my service, wliich was thought fitt by the Committee as their Ee- 
turne will manifest, but Referred to the General Assembly by 
reason as is thereon mentioned. 

However, when it came to the House of Representatives they 
thought it too much; I then desired they would allow me thirty 
pounds wh'='' is but four pounds more than the meanest Sentinel 
Receives from the Treasury, which not being allowed causeth my 



524 PROVINCE OF NEW-HAMPSHIRE. [1712. 

troubling yC Excellency and Honours for yo'^ oijinion In the mat- 
ter; [p. 431.] and if my request of thirty pounds be thought too 
much I shall humbly submitt to what you order, and crave leave 
to subscribe yo'' 

Excellency and Hon" humble servant, 

Theo. Attkinsou. 

Read in Council the 10"' May, 1712. 

The Council are of opinion that Mr. Attkinson's demand 
is very reasonable, and Recommended to the Representa- 
tives accordingly ; And the Council are very sorry the 
province is not able to give him Lieutenant's pay, as he well 
deserves. 

Cha. Story, Secretary. 

The House Concurr in the Allowance of thirty pounds to 
Theodore Attkinson, Esq.,"for service at the fort W™ and 
Mary. 

May 10'\ 

Per Order of the House, 

Sam" Keais, Clerk. 

The two following votes was sent npp to this Board from 
the House of Representatives, viz : 

Forasmuch as Ignorance, ill manners and Irrcligion are 
propagated by many parents & masters by neglecting to In- 
struct youth under their care, &c. ; It shall be LawfuU for 
the select men, with a Justice of the peace, to Examine all 
youth of Tenn years of Age whether they have been taught 
to Read, and all which cannot Read at said Age, to binde 
out to good masters, who shall be oblidged to Learn them to 
Read a]id Write, till they shall be of Age, (fee. 

10"^ May, 1712. 

Voted in the House of Representatives. 

Sam" Keais, Clerk. 

Consented to by the Council. 

Cha. Story, Secretary. 

[p. 432.] That whosoever shall Refuse or Disobey the 
Orders of his Officer in Repairing to and doing his Duty at 
the Garrison to which he is appointed, or neglect any ser- 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 525 

vice ill scenting or marching, for wliicli he is Impressed or 
Commanded by his Captaine, shall be forthwith sent down 
to Her Majestie's fort W'^ and Mary, there to serve tenn 
dayes, and soe much Longer, Untill the Charges accrewing 
by his disobedience be paid, And the Commanders of the 
fort shall receive them and Improve them accordingly. 

10"' May, 1712. Voted in the House of Representatives. 

Sam" Keais, Clerk. 

Consented to by the Council. 

Cha. Story, Secretary. 

The Committee's Report about the publick Debts of the 
province, with the Representatives' allowance thereupon, 
was read at this Board, in liaic verba sequen : 

[p. 433.] Province of New Hampshire. 

Att a Committee for Auditing the pub- 
lick Ace'* of the province, held at 
Portsm'', the 17*^ Dec'"', 1711. 
Present, 
Robert Elliot, ^ Theodore Attkinson, '\ 

John Plaisted, > Esqrs. Joseph Smith, > Esqrs. 

Mark Hunking, ) Mr. George Jaffrey, ) 

Mr. Treasurer Penhallow, Ace* No. (1), for 1710 & 
1711, was distinctly read and his voucher pro- 
duced, Allowed and approved of, and ballance 
due to the said Treasurer, 9 : 2 : 9 

Adj'Hill to-morrow morning, tenn of the clock, 
ante merediem. 

Mett accordingly, and present as aliove. 

Mr. Treasurer Penhallow's Accts. about the Canada 
Expedition, No. (2), Am° to 1001: 0: 10, Al- 
lowed and approved of, Excepting 1 : 13 : 8, soc 
there Remaines due to the said Treasurer, 999 : 7 : 2 

Adj'' till Monday, the 7"' January next. 



526 PROVINCE OF NEW-HAMPSHIRE. [1712. 

Mett accordingly, and all present as above. 

Mr. Treasurer's Acc'% No. (3) , for Subsisting of Sold- 

jers at Her Majestie's fort, Anno 1711, Allow*^, 91 : 4: 6 

1099: 14: 5 
Adj** till to-morrow morning, 10 of the clock. 



[p. 434.] Province of New Hampshire. 

Att a Committee for Auditing the 
pnblick accts., held at portsm** by 
adjournment, on Thursday the 27''' 
March, 1712. 
Present, 
Robert Elliot, ) Theodore Attkinson, ) 

John Plaisted, > Esqrs. Joseph Smith, > Esqrs. 

Mark Hunking, ) M"" George Jaffrey, ) 

Brought over, 1099 : 14 : 5 

4. Colonel Shadracli Walton's muster Roll, Refer<^ to 

the General Assembly, v^ith the postage Bill, 323 : : 
6. James JafTrey's Muster Roll, with the postage Bill 

referred to the General Assembly, 310:17: 7 

6. Dr. Ellis, his Acct., No. (6), Referrd to the Gen- 

eral Assembly, about the charge of sick Sold- 
jers of New Hampshire. 

7. Major Joseph Smith's Accts., about postage, allow'^, 16: 4: 
9. Mr. Fellows' Acct., about Expences of the Com- 
mittee, 3: 6: 5 

9. Mrs. Elizabeth Harvey's Acct. about Expences of 

the Governour, Council, &c.. Allowed, IG : 5: 10 

10. Alexander Miller's Ace', about postage, &c.. Al- 

io w^ 10: 11: G 

Adj'^ till the 8"^ of April next, 10 o'clock, ante 
meredicm. 

Mett accordingly, and adj'^ till the 29'^ of April, 
1712. 

11. James Rendal's Acc'^ Referr^ to the Assembly, 

Allows 1: 4: 

1781: 3: 9 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 527 

[p. 435.] Province of New Hampshire. 

Att a Committee for xViiditing the 
publick Ace'' of the Province held at 
Portsm**, on Monday the fifth of May, 
1712. 

Present, 
Robert Elliot, J Theodore Attkinson, J 

John Plaisted, > Esqrs. Joseph Smith, > Esqrs. 

Mark Hunking, ) Mr. George Jaffrey, ) 

Brought over, 1781 : 3 : 9 

12. Theodore Attkinson, Esq., his muster Roll, about 

the fort W™ and Mary, Anno 1711. All the Ar- 
ticles in the said Master Roll allow'^, Excei^ting- 
the last Article, Relating to Mr. Attkinson, 
which is thought Reasonable by the Committee, 
but Referr'i to the General Assembly, there be- 
ing Noe Establishment, 321 : : 

13. Mr. Secretary Story's Acct., Allow'^ forty pounds 

in full thereof, iO: 0: 

14. Colonel Walton's Debenter, about his pay in the 

two Expeditions, one to Port Royal the other 

to Canada, allowed, 11 : : 

15. Sam" Penhallow, Esq., his General Ace' of pro- 

visions, Referr'' to the General Assembly. 

16. Colonel Packer's Ace', about Boon Island Sailors, 

that were brought otf there almost starved and 
froze to death, Referr*^ to the General Assembly. 

17. Roger Swaine's Accts., Relating to Ditto, Referr'^ 

to the General Assembly. 

18. Robert Almory, his Accts. Ditto, Referr'^ to the 

General Assembly. 

19. Edward Toogood, his Accts. Ditto, Referr"^ as 

above. 

20. Colonel Packer's Acct., about entertaining the 

Lieut. Governotir, Council, &c., Allow'^, 18: 11: 11 

21. Thomas Phipps, Esq., High Sheriffe, his Accts. 

for attending upon the Govern'' and Council 

and summoning the Council, &c., Alio w^, 10: 0: 

2187: 15: 8 



528 



PEOVINCE OF NEW-HAMPSHIRE. 



[1712. 



[p. 4,jC.] Edward Polly, his Acct. relating- to Sail- 
ors brought from Boon Island, almost perished, 
Eeferr'^ to the General Assembly. 

Capt. William Fepperel's Accts., relating to the 
Joanna Transports, Eeferr'^ to the Gen" As- 
sembly. 

Samuel Penhallow, Esq., his accts. of Disburse- 
ments, allow^ 190: 2:10 

Colonel Walton's Muster Roll upon a late Expedi- 
tion Eastw-i, Referr'' to the Assembly, 49 : 19 : 

Capt. Gilman's Muster Roll, alloAvS .5: 3: 

Major Smith's Acct. about 2 Soldiers at Colonel 

Hilton's Garrison, 7 : 4 : 

6th May, 1712. 

Wee, whose names are hereunto subscribed, having perus- 
ed all the Accts. before mentioned and well considered the 
same, doc iindc justly due to each person the several sumes 
sett opposite to their names and n" of each man's Debenter, 
and other accts. and muster Rolls, whose sumes are not 
sett opposite as aforesaid, are Referr'^ to the General As- 
sembly. 



23 



Robert Elliot, 
John Plaisted, 
Mark Hunkinsr. 



28. 



29. 



30. 
31. 
32. 
33. 



Joseph Smith, 
Theodore Attkinson, 
Geo. Jaffrey, 
Benjamin Akerman, for his Attendance on the 

Council and Assembly, 
Selathiel Denbo, pr order of the General Assem- 
bly, for his being wounded in Her Maj''^^ 
Ser\ice, 
Capt. Wincal's portlidge* Bill, allow"^, 
Clement Deerings, portlidge Bill, allow"^, 
[p. 437.] Roger Swaine, for Dyettiug Soldjers, 
Allowed to Abraham Remmick more than what 
he is allow*^ in the Muster Roll for Iris wages, 



5: 0: 



10 








81 


2 


2 


45 


15 


6 





8 





2 









2584: 10: 2 



* Portage ?— a carrying place over land between navigable waters. 



1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 529 

The foregoing Acc'^ am" to two thousand five hundred 
eighty-four pounds, tenn shillings and two pence, allowed 
by the House of Representatives. 

P. order of the House, 

May 10th, 1712. Sam^ Keais, Clerk. 

May 10th, 1712. This Returne of the Committee with the 
allowance of the General Assembly, being read at this 
Board, was consented to by the Council, who desire the 
Goverm' to Issue out warrants to the Treasurer for the 
payment of each person the several Sumes allow'' them 
out of the Treasury accordingly. 

Cha. Story, Secretary. 

The following vote was sent to this Board, in ha?c verba 
sequen : 

The Returne of the Committee in May, 1710, allowed to 
Major W™ Yaughan two hundred pounds, provided Colonel 
Partridge make it appeare to the General xissem])ly that 
he did not receive that sume fjr or on Ace' of the said 
Major Yaughan. 
Yoted, 

That on the Certificate of Colonel Partridge that he hath 
not Received the [p. 438.] aforesaid sume fur Major 
Yaughan, that the said Major Yaughan shall be paid two 
hundred pounds out of the first money that comes into the 
Treasury, after the Debts this day allowed to be Dew are 
paid. 

May 10th, 1712. 

P. order of the House, 

Sam" Keais, Clerk. 

Read at the Council Board, Eodem die, and consented 

to by the Council, nemine contradicente. 

Cha. Story, Secretary. 
84 



530 PROVINCE OF NEW-HAMPSHIRE. [1712. 

[p. 439.] Province of New Hampshire. 

At a Council and General Assembly 
held at Portsmouth, the 9tli day of 
October, 1712. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major Yaughan, ) y John Plaistcd, ) ^ 

Sam"Penhallow, \ ^^^^^' Mark Hunking, j ^^'1''^' 

John Wentworth, Esq. 
Mr Secretary Story was sent as a Message to the House 
of Representatives to call them to this Board, who accord- 
ingly came, and his Excellency was pleased to make the 
foil, speech, in hscc verba sequen : 

Portsm", 9tli October, 1712. 
Gentlemen, — 

I am glad to meet you after soe difficult a summer, wlierein -u'GC 
Ixave had soe mauy Inroads of the enemy, of all sides, by which 
notwithstanding v^^ee have suftered soe little loss. 

I am sensible of the Great Deligence of the oificers and faitli- 
full service of the scouts & parties at all times abroad, for which 
I doubt not of j'our care in their payment, as well as to lett them 
know that their service has been very acceptable to the Govern- 
ment. 

I cann alsoe assure you that wee are riot forgotten at Home ; 
Her Majestic, in Her i)rincely AYisdom and care for Her good sub- 
jects in the provinces of North America, has bi'onght forward a 
peace with France, upon sucli Honorable and Advantageous Ar- 
ticles that will in all parts of the world, where [f. 4-10.] Brittaines 
Dwell, Demonstrate Her Majestie's superior Interest and power 
in the Govermeut and Decision of the Aftaires of Europe, which 
wee are in Expectation to Eeceive, and will bring us the Blessings 
of peace which CA^ery good man will have the joy of. 

Colonel Eednapp, Her Majestie's Engineer, lays before you the 
Eepaire and work at her Maj'''=" fort William and Mary, in which 
I am well assured of his good Husbandry, And think it best that 
the Committee of those works make their visitt there and Eeport 
o you, with Colonel Keduapp, what is Remaining necessary to bo 
done. 

Mr. Treasurer will give you the present state of your Debts 
aud what is necessary. 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 531 

You will bring forward such affiiirs of the Govcrnmeut as arc 
before you, iu which I shall not be wanting to doe my duty to 
Her Majestic and all Her good subjects within this Goveruieut. 

Adj'' till 3 o'clock, post merediem. 

Mett accordingly and adj'^ till to morrow 10 of the clock, 
ante merediem. 

[p. 441.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 10th October, 
1712. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ) -^ Robert Elliot, } -p 

Major Vaughan, \ ^^^''^- Sam' Pcnhallow, j ^'^^^^^• 

Theodore Attkinson, Esq., one of the members of the 
House of Representatives, brought to this Board an answer 
to his Excellency the Governor's speech, in ha3c verba 
sequen : 

Portsm'^, October 10th, 1712. 
May it please yo'r Excellency, — 

Wee are glad to see your Excellency here with the welcome 
news of an approaching happy peace, and are thankfull to the 
otficers for their taithfull and diligent Attendance on the scouts 
this summer, and shall take care for their payment soe soon as 
their Muster Rolls shall be allowed of. 

Wee are very well satisfied with Colonel Rednapp's Ace' of his 
frugally Disposing of the mony for the seiwice of Her Majestie's 
fort W" and Mary, and shall appointe a Committee of our House 
to Joyne with that of the Council to view the works and Report 
what is further necessary to be done. 

Wee shall consider of the state of the province and take care to 
Raise mony to pay the Debts, and shall with all Diligence forward 
the aflliii-s of the province that are now depending. 

By order of the House, 

Sam' Keais, Clerk. 

• [p. 442.] The petition of Richard Sleper was read at 
this Board as upon file ; and an answer given to it. 

Mr. Treasurer Peuhallow's Ace' of powder, stated to the 



532 PROVINCE OF NEW-HAMPSHIIIE. [1712. 

24th of June, 1712, was delivered to this Board and allow- 
ed of as on file. 

Adj'^ till to morrow mornings 10 of the clock. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 11"' day of 
October, 1712. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', etc., 
Peter Coffin, "^i Robert Elliot, "^ 

W" Yaughan, I ^ Sam'^ Penhallow, I ^ 

Rich^ Waldron, ^ ^^qis. j^hn Plaisted, > ^'^^'^' 
John Wentworth, J Mark Hunking, J 

The certificate of Colonel W°' Partridge relating to two 
hundred pounds allow'^ Major W™ Vaughan for Agency by 
the Committee for Auditing the publick Accts., etc., was 
read at this Board and Approved of, and sent to the House 
of Representatives, who allowed of the said Certificate. 

Ordered that his Excellency be desired to issue forth a 
warrant to the Treasurer for payment of the said two hun- 
dred pounds. 

Province of \ 
New Hampshire. \ 

These may Certifie whom it may Concerne, that the Two 
hundred pounds allow'^ to Major W" Yaughan of the prov- 
ince [p. 443.] of New Hampshire aforesaid, for Agency, as 
appears by the Committee's Report, Returne for Auditing 
the publick Accounts, in May, 1711, was never Received by 
me of the Goverment of the said province, nor paid by me 
to the said Major Yaughan, — as wittness my hand the 13^"^ 
day of August, Anno Domini 1712. 

W" Partridge. 
October 11"\ 1712. 

This Certificate allowed of by the House. 

Sam" Keais, Clerk. 



1712.] JOURNAL OP COUNCIL AND ASSEMBLY. 533 

Upon Consideration of the state of the Province, wee 
finde that Considerable snms will be quickly due. 

Voted, That the thousand pounds that is to be paid into the 
Treasury in December next be Repeated, and that there be 
an Impression of five hundred pounds in Bills of Creditt by 
the first of March next, for the payment of such Debts as 
shall be allowed of by the Committee for Auditing the 
province Acc*% and Approved by the General Assembly. 

October 12'% 1712. 

P. order, Sam" Keais, Clerk. 

Eichard Waldron, Sam" Pcnhallow, John Plaisted, Mark 
Hunking, John Wentworth and Geo. Vaughan, or any three 
of them, are appointed a standing Committee Referring to 
Her Majestie's Stores of Warr in the Province, and are 
directed to view and survey all the powder and sliott and 
Arms, Great & Small, and other utensills belonging to the 
Stores, once [p. 444.] in six months at least, and to weigh 
the powder and give account thereof and of their survey 
to the Governour from time to time. 

Att a Conference with the Representatives the Governour 
earnestly Recommended to the Representatives the Estab- 
lishment of Impost, which was last year Refused, And that 
the people of the province that are the Terr-tennants might 
thereby be eased in their taxes. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 13*'^ October, 
1712. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
W™ Vaughan, J Sam" Penhallow, ] 

Robert Elliot, > Esqrs. John Plaisted, i Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

Ordered, that the Committee for Inspecting Her Majes- 



534 PROVINCE OF NEW-HAMPSHIRE. [1712. 

tie's Stores of Warr, Small Arms, &c., be notified to 
attend his Excellency the Governour to Her Majestie's fort 
W™ and Mary, to-morrow morning, to view such stores of 
warr, small arms, &c.. And to see what Repaires is neces- 
sary to be done. 

Ordered, that Mark Hunting, Esq., be one of the Jus- 
tices of Her Majestie's Superior Court of Judicature within 
this Her Majestie's Province, and that a commission be 
made for him accordingly. 

Adj'^ to Wednesday the 15"' Curr*, 10 of the clock, ante 
merediem. 



[p. 445.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 15"' October, 
1712. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major W"' Vaughan, ) Sam'^ PenhalloAV, J 

Robert Elliot, > Esqrs. John Plaisted, \ Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

John Wentworth, Esq. 
The petition of the Inhabitants of Hampton Falls relat- 
ing to a school was read, all parties being present. 
Determination on back side of the petition. 
The several Acts following having been three several 
times read and passed both Houses, were Consented to 
by his Excellency, and by him signed accordingly : 
An Act for Repeating one thousand pounds. 
An Act for making and Emitting a farther sume of Bills 
of Creditt. 

An Act to Impower the Guardians of Mr. John Cutt 
(Infra etatem*) to sell part of his Estate for Improvement 
of the Remainder and payment of Debts. 
Prorouged to the 11"' February next. 
* Under age, a minor. 



1712.] JOURNAL OF COUNCIL AND ASSEMBLY. 535 

Mett accordingly, and prorouged to the 18*^' March next. 
Mett accordingly, and prorouged to the 15"' Apr" next. 
Mett accordingly, and adj'' to the 17"' April following. 
Mett accordingly, and Prorouged to the 2-3'^ Curr* (1). 
Mett accordingly, and adj'' to the 24 Curr'. 
Mett accordingly, and Prorouged to the 8*^ of May next. 
Mett accordingly, and adj'' to the 9"' May Curr'. 



[p. 446.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjournm', the 
9"' day of May, Anno Domini 1713. 
Present, 

Major W'" Yaughan, ^ Sam" Penhallow, ^ 

Eobert Elliot, > Esqrs. John Plaisted, V Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

The returne of the committee for Auditing the publick 

Accts. of this province was read at this Board, in hoec 

verba scquen : 

(1) [From Journal of the House.] 

Copj- of a Letter from ye Governor. 

Boston, 20tli Apl., 1713. 
Gentlemen, — 

Mr. Secretary Story by this Post acquaints me of ye adjournment of ye Assembly to 
Thirsilay, ye 13tli Inst. Tlie last session of ye Assembly left a Comittee standing to 
adjust ye Province debts, -nbich I presume have accordingly proceeded ; And if tbese 
Accts. be past thro', I tben direct the Assembly to sett Thirsday and Fryday, if need 
be, to agree and pass the Keturn of ye said Comittee by ye Kepresentatives and ye 
Council if it can be then finished ; and from Fryday evening I do hereby prorogue ye 
General Assembly to Wed'sday the 13th of May ne.vt. Given under my hand, 

J. Dudley. 
Communicate this Letter to ye Representatives. 

It will be very pleasing to me that ye Debts of 

ye Prov. be adjusted, that we may know what 

we one [own], that a happy Peace may make 

us Easy. 
To Mr. Sec'y Story. 



536 



PROVINCE OF NEW-HAMPSHIRE. 



[1712. 



Province of New Hampshire. 

Att a Committee appointed for Audit- 
ing the piiblick Accounts of this prov- 
ince, held at Portsmouth, the 19"' of 
November, Anno Domini 1712. 
Present, 
Robert Elliot, ] Joseph Smith, 1 

John Plaisted, > Esqrs. Theodore Attkinson, > Esqrs. 
Mark Hunking, ) George Jaffrey, ) 

* Cha : Story, Secretary. 

Adj^' till the 24"' Curr*. 



Mett accordingly, present as before. 



No 
1. 



LBS. S. D. 



Capt. Nicholas Gilmau's Muster Eoll not allowed 

2. Capt. Mcliolas Gilmau's Muster Roll, allow*^ 

3. Capt. John Gilmau's l^.Iuster Roll, uot allow*^. 

4. Capt. John Gilmau's Muster Roll, allowed 

5. Capt. Wingetfs Muster Roll, allow'^ . 
G. Major Joseph Smith, Muster Roll, allow'^ 

7. Major Joseph Smith, Ditto, allow*^ 

8. Major Joseph Smith, Ditto, allow"^ 

9. Capt. Green's Muster Roll, allow"^ 

10. lasigne Mathews' Muster Roll, allow*^ 

11. Major Smith's Muster Roll, allow'i 

12. Insigue Dtlathews' Muster Roll, allow"^ 

13. Capt. Green's Muster Roll, allow*^ 

14. [p. 4^7.] Capt. Sam" AVeeks' ditto, allow*! 

15. Capt. Tippetts' Ditto, Referr"! to the Assembly. 

16. Major Smith's Account about postage, allow* 

17. Capt. Gerrish's Muster Roll, Referr<! tothe Assem 

bly, allow"! 

18. James Berry, for going post to Newberry, allow"! 

Adj'! till to-morrow morning, nine of the clock. 
Mett accordingly, present as before. 

19. Capt. Ilunkins' account, allow*! .... 

20. Capt. John Knights' account, allow*! . 

21. Alexander Miller's account, allo-w*! 



12: 4: 



13: 


15: 


G 


13: 


9: 


7 


11: 


1: 





4: 


18: 


G 


3: 


16: 





2: 


5: 


6 


2: 


14: 


4 


10: 


17: 





14: 


1: 


4 


5: 


0: 





5: 


16: 






3: 19: 



16: 8 
6: 



lbs. s. d. 

3: 10: 9 

10: 08: 11 

7 : 16 : 00 



24 


18: 


10 


6 


6: 


00 


1 


9: 


4 


1 


9: 


4 



5: 


o 


00 


3 ; 


19 


00 


8: 


11 


8 


. 12: 


5 


4 


8: 


11 


8 



1713.] JOURNAL OP COUNCIL AND ASSEMBLY. 537 

22. Colonel George Vanghau's Muster Roll, allow"^ 

23. Capt. HilFs Muster Eoll, alloAVi .... 

24. Samuel ShackforcVs Muster Roll, allow*^ 

25. Serjeaut Davis, his ]\Iuster lloll, allow'^ 

Adj'^ to the 27"' ciirr^, 10 clock, Ante merediem. 

Mett accordingly, present as before. 
2G. Lieut. Pearces, his muster roll, allow*^ . 

27. Thomas Pearce's muster roll, allow'^ 

28. Elizabeth Harvey's account, allow'^ 

29. Elizabeth Ilarvye, Ditto, allow-i . 

30. Capt. Thomas Westbrook's muster roll, allow*^ 

Adj'' till to-morrow morning, tenn of the clock. 

[p. 448.] Mett accordingly, and present as before. 

31. Mr. Treasurer's General Account, allow*^ to Bal- 

lance 32: 16: 8 

32. Samuel Weeks' account about Riding post, allow'^ 0: 14: 00 

33. Capt. Richard Hilton's muster roll, allow'i . . 8:14: 4 

34. Daniel Greenoe's acct. to be taken out of the 200""» 

raised to Repaire the fort, allow'^ . . . 1: 17: 00 

35. Capt. James Davis' muster Roll, allow"^ . . 275:18:11 

36. Mr. William Pepperel's ace*, allov.-'^ . . . 13:14:00 

Adj^i to the 18'i» December next, 10 of the Clock, ante 
merediem. 

Mett accordingly, present as before. 

37. Mr. Treasurer Penhallovr ace', alio w<^ . . . 400: 6: 2 

38. Mr. Treasurer PenhalloAV, ditto, allow"! . . 130: 7: 1 
89. Jolui Searl's account, allow"! . . . . 2: 1: 3 

40. Colonels "Waldron's account, allow"! . . . 10 : 00 : 00 

41. Mr. Attkinson's account for Building a House 

for Carriages, &c 3 : 00 : 00 

42. Colonels Walton's Muster Roll, allow"! . . 33:00:00 

Mett Saturday, the 9*^ of May, 1713, present as before. 

43. Jonathan Thing's Muster Roll, allow"! . . 6 : 11 : 10 

44. Jonathan Thing's Muster Roll, allow"! . . 4:00:00 

Province of New Hampshire, 9*!* May, 1713. 

Wee whose names are hereunto subscribed, having pe- 
rused all the accounts before mentioned, and well consid- 
ered the same, doe linde justly due to each person the 



538 PROVINCE OF NEW-HAMPSHIRE. [1713. 

several sums sett opposite to the names and numljcr of 

each person's Debenter. 

Joseph Smith, Robert Elliot, 

Theodore Attkinson, John Plaisted, 

George Jaffrey, Mark Hunking. 

[r. 44:9.] Allow*^ CaiDt. Timotliy Gen-ish his muster 

roll N° (17) 51bs.lGs.8a- 

The House of Representatives alloAv of the returne of the 
committee as within, Excepting six pounds in Colonel 
Vaughan's muster Roll, as the committee have minuted in 
N° 22 ; wee alsoe allow Capt. Timothy Gerrish as wee have 
added, — 5 : 16 : 8, — His muster roll. 

■9"\ May, 1713. 

Passed by the Plouse. 

Geo. Jaffrey, Clerk pro tempore. 

9*^ May, 1713. 

The Council Concurrs with the vote of the House of 
Representatives above mentioned, nemine contradicente. 

Cha : Story, Secretary. 

Prorouged to the 13*'' of May curr', 10 o'clock, ante me- 
rediem (1). 

Mett accordingly, and Pursuant to his Excellency's the 
Gov'' Letter the General Assembly was prorogued to the 
IS*'' of June next, 10 o'clock ante merediem. 

Mett accordingly, and pursuant to tbe Gov""^ Letter the 
assembly were againe prorogued to the 25"' June currant. 

(1) [From Journal of the House.] 
Copy of ye Govern's Letter. 

Boston, May 4th, 1713. 
Gentlemen, — I sometime since Directed ye Assembly of ye Prov. of Now Hampshr 
to meet to pass ye Accts. of ye Debts of ye Prov: ijrepared by their Comittee, wLich 
being not yet done, I do again allow them to sit a Fryday ye eighth Inst, to Doe and 
pass thro' that affair in Fryday and Saturday, ye Prorogation notwithstanding, that at 
my comeing j-e week after, I may have the less interruption in ye genci\al affairs of yg 
Pea<- with ye Indians, which I hope may come forward, and accordingly with yonr 
agreement, Mr. Sec'y may Sumon the Assembly upon ye said Fryday next, and after 
passing ye Accounts, ye Prorogation lately directed, to continue. 

I am your Humbl Servant, 

J. Dudley. 
To ye Gentlemen her Majties Council in N. Hampshr. 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 539 

Mett accordingly, and pursuant "to the Gov" letter the 
Gen" Assembly were prorogued to the 8* day of July next, 
10 o'clock ante merediem, 

Mett accordhigly, and adj'' till to-morrow morning, nine 
of the clock, ante merediem. 

Mett accordingly, and adjourn'^ to the 10*^ curr*. 

Mett accordingly and prorogued to the 13^" curr*. 



[p. 450.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, the 13'" July, 
1713. 

Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Major Wm Vaughan, | y John Plaisted, ) ^ 

Sam" Penhallow, j ^''i'"' Mark Hunking, j ^'"l^^- 

John Went worth, Esq. 
His Excellency made the following speech, in ho3c verba 
sequen : 

Gentlemen, (1) — 

I have delaj-ed your comeiug together until I might have the 
honor and satisfaction to give you the news of a liappy and well 
established peace brought to pass by her Majestie's wise Council 
and prosperous arms, of which wee have already the assurance, 
and daily expect Her Majestie's comauds to make it publick. 

And in riirsuance thereof I have now attending me several of 
the Indian sachems and Delegates, making their Submission and 
praying to be restored to Her Majestie's favour and the friendshipp 
of Her Majestie's Goverment of these provinces ; the Issue of their 
attendance I shall communicate to you. 



July 13th. 



(1) 3fembers of the House. 



Mr. Speaker, Mr. Tilton, 

Mr. Jaftrey, Capt. Gilman, 

Mr. Jones, Mr. Keis, 

Mr. Kendall, Mitjr. Smith, 

Mr. Martin, Mr. Atkinson. 

July 14th. IMr. Saml. Thing was qualifyed a member of ye House in ye Koom of 
Theophilus Dudley, Esq., of Exeter, deceased. 



540 PROVINCE OP NEW-HAMPSHIRE. [1713. 

Sometime since there was a Comittee of the Council and Uepre, 
sentatives, to Revise the Laws of tlie pi-OAance now in force, and 
to make a ttiire copy of them, and to ofler such other Laws as 
might he necessary in order to these being humbly submitted to 
Her Majestic ; and the Review and report of the Right Honoura- 
ble the Lords of the Plantations ; I desire this Report may be now 
taken and wee may proceed therein accordingly. 

I mnst again with all Earnestness recommend to you y^ Revival 
of the Impost and better Government & collection of the Excise ; 
there is noe Colony or Governm' belonging to the Crown of Great 
Brittaine, that pi'ctends to an open port, or that doe not bring in 
the Trade & merchandize of their pro^ance to aid the Land tax 
for the payment of the heavy charges [p. 451.] of the warr, which 
is as needfull in this province as in any other Her Majesties Gov- 
ermeuts, the neglect and hiequality whereof will, I fear, justly 
oficnd Her Majestic, as well as disturb the other Goverments on 
the Shoar of America. 

I suppose you will think it a proper time for the Assembly most 
humbly to address Her Maj"^ upon the notice of the peace, in 
wliich I shall heartily joyne A\dth you. 

The Treasurer will give you the state of his office and what is 
wanting: whatever is before you for the benelit of the province of 
Her Majties service I shall put forward, as is my Duty. 

J. Dudley. 

Ordered, tliat Richard Waldron and John Plaisted,Esq., 
be a Comniittee from this Board to joyne with a Committee 
of the House of Representatives for drawing upp a Humble 
address to Her Most Gratious Majestic, in Consideration of 
the Happy peace, &c. 

Adj^ till the morrow, tenn of the clock ante merediem. 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 541 

[p. 452.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth the 14'" day of 
July, Anno Domini 1713. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'', etc., 
Major Yaughan, ^ Sam" Penhallow, ] 

Peter Coffin, > Esqrs. John Plaisted, > Esqrs. 
Nath' Wear, ) :Mark Hunking, ) 

John Wentworth, Esq. 
Ordered, that Rich'' V^aldron and John Wentworth, Esqs., 
and the Reverend Nathn" Rogers be a Committee to take 
care of procuring a school Ma"" for the Town of portsmouth 
forthwith, to serve according to the Act of the General As- 
sembly, already past ; And to Agree with him according 
to the Establishment in the said Act mentioned, and to make 
Report at the next sitting of the Govern'" and Council. 

The Assembly's answer to His Excellency's speech, in 
hsec verba sequen : 

' Wee are glad to see yo'' Excellency Here with the wel- 
come news of peace. 

Hope your Excellency will take such measures with the 
Sachems now attending you, that our frontiers may be 
quietly settled without any danger. 

Wee have several Laws before us. Returned by the Com- 
mittee appointed for Revising them, under consideration ; 
alsoe how to finde a proper way for Raising money on the 
Trading part of the Government to Ease the Land Tax 
thereof. 

[p. 453.] Wee are Humbly of opinion that an address 
may be proper after a proclamation of peace, (1) but shall ob- 
serve your Excellency's directions therein, and shall al- 

(1) [From Journal of the House.] 

July 14th. Voted, That Theodore Atkison, Esq., & George Jaffrey be a Committee 
to joyne with ye Committee of ye Upper Houee to draw up a Congratulatory Address 
to ye Queen upon ye news of the Peace. ■ *» 



542 PROVINCE OF NEW-HAMPSHIRE. [1713. 

ways endeavour to observe our Duty as Loyal Subjects to 
Her Majestic. 

Voted July 14'^ 1713. 

Sam" Keais, Clerk. 

Ordered, that Mr. Treasurer Penhallow take care to pro- 
vide for the Gentlemen Comm'"^ that are appointed by his 
Excellency out of the Goverment of the Massachusetts and 
this province, who are going to Cascoe fort to the Eastward 
to publish the Articles of Eatification of peace w^ith the In- 
dians, with all such provisions, wines, Liquors, and other 
necessaryes as may be proper, and that the Treasurer keep 
a just and true account of the same in order to be laid be- 
fore his Excellency and General Assembly in the Massa- 
chusetts Government, that they may justly pay their pro- 
portion to the charge thereof. 

Adj'' till ten of the clock to-morrow, ante merediem. 



[p. 454.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth on Wednesday, 
the 15"' July, Anno Domini 1713. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ^ 

W™ Vaughan, ! p Richard Waldron, ) 

Nath" Wear, ( ^^^^'^' Jn" Plaisted, [ Esqrs. 

Robert Elliot, J Mark Hunking, ) 

A Bill relating to a Trade with the Indians was sent Down 
to the House of Representatives. 

The Articles of Pacification with the Indians was sent 
by his Excellency the Govern'^ Order to the House of Rep- 
resentatives to be their Read and Communicated to them 
by Mr. Secretary Story, which accordingly Avas done, and 
the House of Representatives were all well satisfied with 
the said Articles and returned his Excellency thanks for the 
same. 



1713.] JOURNAL OP COUNCIL AND ASSEMBLY. 643 

* Art ides of Pacijicatlon. 

[Copied from Penhallow's Indian Wars, 18mo., 1726.] 

'' AVlioreas for some years last past, we have made abroach of our 
Fidelity and Loyalty to tlie Crown of Great Britain, and have 
made open Rebellion against her Majesty's subjects, the English, 
inhabiting the ISEassachusctts, New Hampshire and other her 
Majesty's Territories in New England; and being now sensible 
of the miseries which we and our People are reduced unto 
thereby : 

" We, whose names are hereunto subscribed, being delegates of 
all the Indians belonging to Norridgwalk, Narahamegock, "Amase- 
contee, Pigwackct, Penacook, Pivers of St. Johns and Merri- 
mack, parts of her ^Majesty's Provinces of the Massachusetts Bay 
and Xew Hampshire, within her Majesty's Sovereignty, liaving 
made application to his Excellency Joseph Dudley, Esq. j Captain- 
General and Governour-in-Chief in and over the said Provinces, 
that the troubles which we have unhappily rais'd Or Occasioned 
Agaiust her Majesty's subjects, the English, and our selves may 
cease and have an end ; and that we may again enjoy her Maj- 
esty's gi'ace and favour: And each of us respectively for ourselves, 
and in the names and with the free consent of all the Indians be- 
longing to the several places and rivers aforesaid, and all other 
Indians within the said Provinces of the JNIassachusetts Bay and 
New Hampshire hereby Acknowledging ourselves the lawful sub- 
jects of our Sovereign Lady Queen Anne, and promising our hearty 
subinission and Obedience to the Crown of Great Britain, do sol- 
emnly Covenant, Promise and Agree with the said Joseph Dudley, 
Governour, and all such as shall be hereafter in the place of Cap- 
tain-General and Governour-in-Chief of the said Pi-ovinccs and 
Territories on her Majestie's behalf, inform following: That is 
to sny, — That at all times forever, from and after the date of 
these presents, we will cease and forbear all Acts of Hostility to- 
Avards all the subjects of Great Britain, and not otier the least hurt 
or violence to them or any of them in their persons and estates ; 
but will henceforth hold and maintain a tirm and constant Amity 
and Friendship with all the English, and will never entertain any 
treasonable conspiracy with any other Nation to their disturbance : 
That her Majesty's subjects, the English, shall and may quietly and 
peaceably enter upon, improve and forever enjoy all and singular, 
the Rights of Land and former Settlements, "Properties and Pos- 
sessions within the Eastern parts of said Provinces of Massachu- 
setts Bay and New Hampshire, together with the Islands, Inlets, 
Shores, Beaches, and Fishery within the same, without any mo- 
lestation or claim by us or any other Indians; and be \\\ no" wise 
molested or disturbed therein; saving unto the Indians their own 
Ground, and free liberty of hunting, tisliing, fowling, and all other 
lawful liberties and priviledges, as on the eleventh day of August, 
in the year of our Lord, One thousand six hundred and ninety- 
three : That for mutual safety and benefit, all trade and Connnerce 
which here after may be allowed betwixt the English and the In- 
dians, shall be Only in such Places, and under such management 

*[See Prov. Records, Vol. II, p. 656.] 



544 PROVINCE OF NEW-HAMPSHIRE. [1713. 

and regulation as shall be stated by her Majesty's Government of 
the said Provinces respectively. 

*' And to prevent niischiele and inconveniences, the Indians shall 
not be allowed for tlie present, or until they have liberty from the 
respective Governments, to come near unto any English Planta- 
tions or settlements on this side of Saco river. 

" That if any controversy or difference happen hereafter, to and 
betwixt any of the English and the Indians for any real or sup- 
posed wrong or injury done on the one side or the other, no private 
Revenge shall be taken by the Indians for the same, but proper 
application shall be made to her Majesty's Governments upon the 
place for remedy thereof in due course of Justice; We hereby sub- 
mitting ourselves to be ruled and governed by her Majesty's Laws, 
and desire to have the protection and ])enclit of the same. 

" We confess that we have, contraiy to all Faith and Justice, 
broken our Articles with Sir William Piiip*, Govci-nor in the 
the vear of our Lord God 1G93, and with the Earl of Bellomontin 
the year 1G99. 

" And the assurance we gave to his Excellency Joseph Dudley, 
Esq., in the year of our Lord God, 170^', in the month of August, 
and 17U8 in the month of July, notwithstanding we have been well 
treated by the said Governors ; but we resolve for the future not 
to be drawn into any i^erlidious Treaty or correspondence to the 
hurt of any of her Majesty's subjects of tlie Crown of Great 
Britain ; And if we knoAV any such, we will seasonably reveal it 
to the English. 

" Wherefore, we whose Names are hereunto subscribed, dele- 
gates to the several Tribes of Indians belonging to the river of 
Kennebeck, Amei-iscoggin, St. Johns, Saco, Merrimack, and the 
parts adjacent, being sensible of our great Offence and folly in not 
complying with the aforesaid Submission and Agreements, and 
also the sutierings and ]SIischiefs that we have thereby (^xposed 
ourselves unto, do in all humble and submissive manner, Cast our- 
selves upon her Majesty for mercy, and pardon for all our past Re- 
bellions, hostilities and violations of our b'romises; praying to be 
received unto her Majesty's grace and favour. 

" And for and on behalf of ourselves, and all other the Indians 
belonging to the several Rivers and places aforesaid, witliin the 
Sovereignty of her Majesty of Great Britain, do again acknowl- 
edge and confess our hearty and sincere Obedience unto the Crown 
of Gi'eat Britain, aiul do solemnly renew and confirm all and every 
of the Articles and Agreements contained in the former and pres- 
ent Submission. 

" This Treaty to be humbly laid before her Majesty for her Rat- 
ification and further Order. 

'' In Witness whereof, we the Delegates aforesaid, by name 
luzebenuit, Iteansis and Jackoid for Penobscot; Joseph and 
u^neasioY St. Johns ; Warrueensit, Wadacanaquin oaxA Bombazeen 



1713.] 



JOURNAL OF COUNCIL AND ASSEMBLY. 



545 



for Kcniiebeck,liave licreunto set our hands and seals this 13"> day 
of Julv, 1713. 
Signed, sealed and delivered in the presence ot us. 

Edmund Quinsey, 

Spencer Fhips, — 

Wm. Dudley, Signum ItA'.A Kirebenuit. 

Shad. Walton, 

Josiah Wilkird, 

Signum ^^ --^r ■^Yarraeensitt. 




Siffnum 




Bomazcen. 



Sifi'num 



Wadacanaquiu. 



Signum 



^neas. 



Siffnum* 



Iteansif 



teignum 




Jackoid. 



Signum 




Joseph. 



Province of New Hampshire. 

The Submission & Pacification of the Eastern Indians was made 
and done the thirteenth Day of Juh', 1713, Annoque Kegni Regi- 
nre nunc Magnje Britaniaj duodecimo. 

Present, — his Excellency Joseph Dudley, Esq., Captain-Gen- 
eral and Governour-in-Chief, in and over her Majesty's Provinces 
of Massachusetts Bay and New Hampsliire, in New England, and 
Vice Admiral of the same. 
35 



546 



PROVINCE OP NEW-HAMPSHIRE. 



[1713. 



Counsellors of the JIassachusetts, & of I^ew Hampsliire. 



Samuel ScTrall,^ 
Jonathan Corwin, 
Penn Townsencl, 
John Appletou, 
John Higginson, 
Andrew Belcher, 
Thomas Xoyes, 
Samuel Appletou, 
Ichabod Plaisted, 
Jolui Wheelwright, 
Beujamiu Lyude, 



> Esqrs. 



Will. Vaughan, 
Peter Coffin, 
Eobert Elliott, 
Nathan. AVear, 
Sam. Penliallovv', 
John Plaisted, 
INIark Hunking-, 
John Wentworth, 



Esqrs. 



Penhallow says : "For a further Eatification of this Treaty, sev- 
eral Gentlemen of both Goveruments went from Portsmouth to 
Casco, where a great Body of Indians were assembled, to know 
the Result of matters. It being a Custom among them on all such 
occasions, to have the whole of their Tribes present; having no 
other Record of conveying to posterity, but what they communi- 
cate from father to son, and so to the son's son. When the sev- 
eral Articles were read and explained by Interpreters, upon Oath, 
(the Delegates being present) they signitied an unanimous consent 
and satisfaction, by loud Huzzas and Acclamations of joy : Many 
presents were tlien made thom, which were thankfully received, 
and every Tribe had their proportion given out ; but they vv^ere so 
disorderly, that Mauxis (altho' he was the chief Sagamore in all 
the Eastern parts) was robbed, by the morning, of all he had ; upon 
which he made a miserable complaint unto the English next day, 
of the unruliness of his young men, who had stolen away all he 
had, therefore begged a new supply. But altho' their Govern- 
ment is so Anarchical, and their chiefs have so little respect and 
honour shewn them, yet in their Council they observe a very ex- 
cellent decorum ; not suffering any to speak but one at a time ; 
which is deliver'd with such a remarkable pathos and surprizing 
gravity, that there is neither smile nor whisper to be observed, un- 
til he that speaks has finished his discourse, who theu sits down, 
and after that another riseth up." 



The Cause formerly depending between Mr. Dan" Rog- 
ers, of Ipswich, and the freehold''* Commoners, of Hamp- 
ton, be continued till the next sessions of His Excellency 
the Govern'' and Council. 



Adj'^ till 
meridiem. 



to-morrow mornina:, tenn of the clock, ante 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 547 

[p. 455.] Province of New Hampshire. 

Att a Council and General Assembly- 
held at Portsmouth on Thursday, the 
16^^ of July, Anno Domini 1713. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Peter Coffin, ^ Richard Waldron, "^ 

W-Vaughan, {j, John Plaisted, [^ 

Nath" Wear, ( ^^^^- Mark Hunking, f ■^"^^• 
Robert Elliot, J Sam" Penhallow, J 

The following address to Her Majestic having been Read 
at this Board and agreed upon by the Council, was sent 
to the House of Representatives for their concurrence, who 
readily complyed therewith : 

To the Queen's Most Excellent Jfajestie: 

f The Humble Address of Her Majestic' Coiuicib and Eepreseii- 

tatives of Her Majestie's province of New Hampshire, coiiveii<^ 

iu General Assembly, 

Most Humbly Sheweth, — 

That whereas for mauy years past we have suffered to the Great- 
est Extremity by a Continual Warr and more particularly by the 
Barbarous usage and unheard of cruelties of our Rebellious 
neighbours the Indians, notwithstanding which with the expeuce 
of much of our Blood & Treasure wee have hitherto preserved 
and Defended this your Majestie's province against all opposers, 
being always confident that the Reiterated successes of your Maj- 
estie's Glorious Arms in Europe, would by your Majestie's wise 
Councils & steady conduct produce at last an Honourable & a 
lasting peace; and wee now with Grateful Hearts congratulate 
[pt 456.] your Majestic thereupon, for that this peace eliects the 
Remotest parts of yo'' Majestie's Dominions, and wee already Taste 
the good fruits and eflects thereof, iu that the Rebellious Indians 
are Reduced to their obedience ; Your Majestie's Governour here 
by his good Conduct in this as iu all other the alTairs of the Gov- 
erment has brought them to an entire submission to your Majes- 
tic and agreement to Articles of pacification, which now gives us 
a fair prospect of sitting under our vines and figg Trees and noue 
to make us afraid. 

And since nothing canu add more to the Glories of your Majes- 



548 PROVINCE OF KEW-HAMPSHIRE. [1713. 

tie's Reign than this last instance of j^our gi-eat care and concern 
of the Repose (not only of your Majestie's subjects but that) of 
all Christendom, in bringing about soe happy a peace through 
soe many insuperable Difficulties, it remains wee daily pray to 
almighty God that your IMajestie's life and Reign may be long and 
I)rosperous in this world, and that your Majestic may, in the 
world to come, for ever enjoy the blessing to which i^eace makers 
are entitled. 

Portsm° in New Hamp"" 
in New England, the IG^'' 
of July, 1713. 

16"' July, 1713. past by the Council and sent do^aito the House 
of Representatives for concurrence. 

Cha. Story, Secretary. 

Signed in p'sence and by 
order of the House of Repre- 
eejitatives. 

Richard Gerrish, 
Speaker. 

"Wee are your Majestie's Most Loyal and Dutiful subjects, the 
Council & Assembly of your Majtie's province of New Hamp- 
shire. 

Signed in pi'eseuce and by order of the Council. 

Cha: Stoiy, Secretarj'. 



[p. 457.] Province of the Massachusetts Bay, Anno 
Regni Anna3 ReginjE Dudecimo.* 

Att a session of the Great and General 
Court or Assembly begun and held at 
Boston upon Yv^ednesday, the 27"' May, 
1713. 
June 3"^, 1713. The following order past in Council 
Agreed to by the House of Representatives, viz : 

For quieting the present Disputes betwixt the Borderers 
upon the Bound Line of this province and the province of 
New Hampshire, and the demand of Taxes from them by 
the Goverments of the provinces aforesaid, 

* In the twelftii year of the reign of Queen Anne. 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 549 

Ordered, That John Apple ton, John Higginson & Thomas 
Noyes, Esqs., be comm''* on the part of this Goverment 
with such as shall be appointed by the Goverment of New 
Hampshire, to goe upon the place & to agree upon such 
families and persons by name, w^lio shall be considered as 
present Inhabitants and pay taxes within the said Respec- 
tive Goverments, untill the Bound Line betwixt them be 
Orderly and Regularly stated and settled ; 

That Her Majestie's Subjects be not oppressed by paying 
of Double tafxes. 

Isaac Addington, Secretary. 

Voted, That John Plaisted, Mark Hunking and John 
Went worth be a committee for this province to joyne with 
a committee appointed by the Gen" Assembly of the Mas- 
sachusetts as in the paper (above) annexed, to goe upon 
the Boarders of the provinces of Massachusetts and New 
Hampshire, between Hampton and Salisbury, and there 
view the families, persons and ratable estates and to agree 
to which Town each shall pay their publick Taxes until 
the Bound Line be Regularly stated aiid settled or further 
order taken therein. 

16"' July, 1713. Past by the Council. 

Cha : Story, Secretary. 

[p. 485.] Concurred by the House of Representatives, 
with an addition that the same committee pass the Line 
alsoe between Kingstown and Amesbury and Haverel. 

Sam" Keais, Clerk. 

The following petition of the Inhabitants of Bloody point 
was read at this Board, in ha3C verba sequen : 

To His Excellency Joseph Dudley, Esq., Capt" General and Gov- 
ern'" in Chief iuaud over Her Majestie's provinces of the Massa- 
chusetts Bay, New Hampshire, &c., and the House of Eepre- 
seutatives now in General Assembly Couven*^. 
The petition of the Inhabitants of Bloody point within the 

Limitts of the Towushipp of Dover, with some few of the out 

skirts of Portsmouth, most humbly sheweth,— 



550 



PROVINCE OF NEW-HAMPSHIRE. 



[1713. 



That yo"" j)etitiou™ living soe remote from tlie publick -worship 
aud under great Inconveniences to attend the same, have of late 
erected a meeting House and obtained a tract of sixty Acres of 
Land for the accommodation of a minister among them with a 
firm i-esolutiou (by the Divine assistance) of giving him an Hon- 
orable maintenance to the utmost of their abilitie. 

But the taxes demanded of us from whence wee doe belong 
doe Render us under soe insuperable a difiiculty of doing as 
otherwise wee could wish. 

Wherefore most humbly pray that your Excellency (who hith- 
etto has distinguished your self from others in promoting the 
publick worship of God) would please soe to Order that wee your 
petitioners by maintaining the minister, school and poor among 
[p. 459.] our selves may be exempted from all other charges save 
only the jprovince tax and tax of the Assembly. 

All which wee humbly conceive to be most reasonable ; and 
whereas nothing now is wanting to eftect the same but your Ex- 
cellency's concurrence, we most humbly crave that your Excel- 
lency will grant our request herein and yo"" petition" shall pray 
as in duty bound, &c. 



Geo. Huntris, 
Jn° Dam, 
Joseph Richai'ds, 
Joseph Rawlings, 
Rich'^ Downing, 
Jethro Bickford, 
Thomas Bickford, 
Sam'^ Huntris, 
John Hogs den, 
Henry Lanster, 
John Downing, 
Tho. Trickey, 
Andrew Peters, 
Jn° Warenfol, 
Jn° Rawlings, 
W \yhilam, 
Clemet Misharvye, 
Alex'' Hogsden, 
W" Shackford, 
Ricli"^ Pamery, 
John Ilueson, 
Abel Pearce, 



W" Hoit, 

Sam^i Rawlins, 
Sam" Tomsou, 
W" Furber, 
Clemet Misharvj^e, 
John Fab y an, 
Nathan Knight, 
Jn° Pickering, tertius, 
Benj. Richards, 
John Knight, 
John Downing, 
John Knight, 
John Bickford, 
Hate Evil Nutter, 
James Rawlins, 
Moses Damm, 
Henry Nute, 
Tho. Leighton, 
Joshua Crocket, 
John Nutter, 
Tho. Row, 
Jn'' Quent, 



1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 651 

Edward Pcarce, James Graj% 

John Trickey, Henry Beimet, 

John Carter, Richard Nason, 

Benj'^ Bickford, Tho. Downs. 
EdAvard Row, 

15^1' July, 1713. 

Ill Couticil Read, and the good intention of the petition- 
ers is approved, and ordered that the select men of Dover 
be notified to appear by nine o'clock to-morrow in the fore- 
noon at the Council Board. 

Cha : Story, Secretary. 

16"' July, 1713. Upon hearing of the select men of Do- 
ver, and the parties to the petition, 

Ordered, that the petition be granted and the place made 
a parish by themselves, they forthwith establishing an able 
orthodox and Learned Minister amongst them, and that 
they be thenceforth acquitted from the support of the Min- 
istry of Dover and Portsm°. 

And upon Representation of the great alteration that 
this Grant makes in the [p. 460.] Town of Dover, and that 
there is a new meeting House built at Cochecho, much 
nearer the center of the remaining Inhabitants of the said 
Town, 

Ordered, that the select men of Dover give reasonable 
notice to the Town to choose proper persons to attend the 
next session of the General Assembly, to show cause why 
that House at Cochecho may not be the place of publick 
worship for the future, or any other consideration there- 
upon. 

Voted in Council and sent down to the House of Repre- 
sentatives for Concurrence. 

Cha : Story, Secretary. 

16^^ July, 1713. Concurr*^ with the Council. By order 
of the House of Representatives. 

Sam" Keais Clerk. 

Colonel Thomas Packer, his aco'^ am" to eleven pounds 



552 PROVINCE OF NEW-HAMPSHIRE. [1713. 

for Rent for the Court House, Council Chamber, and fire 
and candles to March last, was allowed in Council and upon 
file. 

The following vote was sent upp from the House of Rep- 
resentatives, viz. : 
May it please your Excellency, — 

Mr. Treasurer's memorial is before us, by which wee 
finde omitted giving C^' for sundryes left at Annapolis 
Royal, and in his own hand, but wee find therein the prov- 
ince is in Debt, which we considered, and debated many 
ways to pay the same, that soe in Deceml^er next wee 
might pay what is due, not knowing the same, and hoping 
by that time there may be a way found for paym' of the 
Debts then due. 

Voted that the Excise be continued for one year. 

Past the House of Representatives the 16* July, 1713. 

Sam^ Keais, Clerk. 

[p. 461.] Mr. Treasurer's Ace*' of powder and other 
stores of warr to the 24"> June, 1713, was delivered into 
this Board, as upon file. 

Ordered, that Doctor Ollivcr Noyes, of Boston, be paid 
out of the publick Treasury of this province nine pounds 
eleven shillings and one penny, for disbursements on three 
Captives from Albany belonging to this province. 

Ordered, that M^' Campbell, post Ma' General, be paid 
six pounds out of the puljlick Treasury, for his care in Ex- 
pressing Letters & for Her Maj"^^' service, and in sending 
the Govern'^* Letters to Roxljury, &c. 



lbs. 


s. 


d 


G: 


0: 





. 10: 


0: 





. 13: 


0: 





. 45: 


0: 





. G6: 


19: 





9: 


9: 


8 


. 154: 


0: 






1713.] JOURNAL OF COUNCIL AND ASSEMBLY. 553 

Province of New Hamph. 

Att a Committee fof Auditing the pub- 
lick accounts of the province, held at 
Portsmouth, the 8"' of June, 1713. 
Present, 

Eobert Elliot, ^ Joseph Smith, ] 

John Plaistcd, v Esqrs. Theodore Attkinson, [ Esqrs. 

Mark Hunking, ) M'" George Jaffrey, ) 

1. Colonel Thomas Packer, allow"^ 

2. Thomas Phipps, Esq., allow*^ 

3. Joseph Smith, Esq., allow'' for Expresses . 

4. Mr. Secretary Story, allow'^ .... 

5. Mr. Treasurer Penhallow, ace'' allow'' 

6. M"- fellows Acc*% allow^'' . . . 

7. Colonel Walton's ace**, allow'' 

304: 8: 8 
Province of New Hampshire. 

Wee whose names are hereunto subscribed, having pe- 
rused all the accounts before mentioned, and well consid- 
ered the same, doe fmde justly due to each person the 
several sums sett opposite to the names and number of each 
person's Debenter. 

Joseph Smith, John Plaisted, 

Theodore Attkinson, Mark Hunking. 
Geo. Jaffrey, 
[p. 462.] In Council. 

The returne of the Committee for Auditing the publick 
accounts of this province hereunto annexed, Am° to three 
hundred and four pounds eight shillings & eight pence, 
is allowed and approved of, and sent Down to the Assem- 
bly for their concurrence. 

Cha : Story, Secretary. 
16*^ July, 1713. 

Concurr"^ with the Council. 

Sam'^ Keais, Clerk. 



554 PROVINCE OF NEW-HAMPSHIRE. [1714. 

[p. 463.] Province of New Hampsh. 

Att a Council and General Assembly- 
held at Portsmouth by prorogation, 
on Wednesday, the fifth day of May, 
Anno Domini 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Richard Waldron, ^ Sam" Penhallow, ^ 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Natli' Wear, J Mark Hunking, j 

John Wentworth, Esq. 

Oentlemen : — 

There are eighteen months past since the Committee of the 
Council and Kepresentatives have set to draw up the state of the 
Local Laws and orders in force in the province ; I desire they 
may he directed to make the returue of their j)roceedings, that 
further provisions may he made where any defect is, to put for- 
ward Her Majestie's Service and the good Goverment of the prov- 
ince. 

The Gentlemen of the Representatives are sensible that the last 
year's tax and what is else provided for the four years next com- 
ing, is what is necessary to draw in the Bills of Credit and thereby 
to discharge the province debts and noe more ; soe that there is 
noe i)ro vision made for the Annual charge of the Goverment; 
The fort and other contingent charges, since the abatement of the 
Imiiost, which I recommend again to your Consideration that it 
be forthwith laid and the Excise formed, or otherwise disposed, so 
as it may be a service to the j)rovince and assist in Case of the 
Land tax as it is always intended. 

I have lately intelligence from the Gentlemen sent to Canada 
for the relcife and returne of the prisoners there, and am now de- 
termined to send a shipp to Quebeck to receive them ; wherein yo"" 
prisoners will demand yo"- proportion of charges, and I think it 
best that a gentleman of yo^ province be there to assist the nego- 
tiation which otherwise may be intangled and ineffectual; yon 
will alsoe Consider and represent to me [p. 464.] what share 
of the Trade with the Indians you Judge proper to hold for their 
supply, and prevention of their dependance upon the French 
while they live upon English Ground. 

You will lastly determine whether there be any provision by 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 555 

way of Repetitiou to be made to the Treasury for the currant 
Charge, in which as in Every thing- relating to the benefit of the 
province, nothing shall be wanting for Her Majestie's service on 

my part. 

J. Dudley. 

Voted, 

That Kingstown bo Impowered to send a Representative 
to sitt in the General Assembly, and that notice be forth- 
with sent them accordingly, by Order of the Honse of 
Repre sentative s . 

Sam" Keais, Clerk. 
6*^ May, 1714. 

Consented to by the Council, 

Cha : Story, Secretary. 
Adj'^ till to-morrow morning 10 of the clock. 



Province of New Hampshire. 

At a Council and General Assembly held 
at Portsmouth, by adjournm*, on Thurs- 
day, the sixth day of May, 1714, by adj'. 
Present, 
His Excellency Joseph Dudley, Esq., Govern'", 
Richard Waldron, ) Sam" Penhallow, ^ 

Robert Elliot, > Esqrs. John Plaisted, [ Esqrs. 

Nath"Wear, ) Mark Hunkin, ) 

John Wentworth, Esq. 
The petition of Garsham Elkins, Complaining ag* Justice 
Nathaniel Wear, for Issuing out illegal processes against 
him about a tax, &c., was read at this Board, and upon file. 
Mr. Justice Wear being heard upon the said Complaint, 
the Council doe order [p. 465.] that the processes against 
Elkins for the tax mentioned in the within petitioii be null 
and voyde, and the proceedings thereupon, for that the war- 
rant for collecting taxes of that nature to the constable or 



5oG PKOVINCE OF NEW-HAMPSHIRE. [1714. 

collector of the Towns, Impowers liim to make distress with- 
out any other processes. 

Cha. Story, Secretary. 
Adj'^ till to-morrow morning, 10 of the clock in forenoon. 



Province of New Hampshire. 

Att a Council and General Assembly held at 
Portsmouth, on Friday, the seventh day of 
May, Anno Domini 1714, by adj'. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
Richard Waldron, '] Sam" Penhallow, ^ 

Robert Elliot, \ Esqrs. John Plaisted, > Esqrs. 

Nath" Wear, ) Mark Hunkin, ) 

John Wentworth, Esq. 
Upon the motion of Mr. Daniel Rogers' Council in a case 
of an appeal from Her Majesties Superior Court of Judica- 
ture of this province, held at Portsmouth, the day of 

wherein the said Daniel Rogers was Appellant and 

of Hampton Appellees, the matter hav- 
ing been so long depending, and not yet heard at this 
Board : 

Ordered that the cause be dismist at this Board and the 
appellant referr'^ back to the common Law to take his rem- 
edy by Review or otherwise. 

Adj'^ till to-morrow morning, 10 of the clock, ante mere- 
diem. 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 55T 

[p. 466.] Province of New Hampshire. 

At a Council and General Assembly held at 
Portsmouth by adjournm*, on Saturday, the 
eighth day of May, Anno Domini 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 
' Richard Waldron, 1 Sam" Penhallow, J 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath" Wear, ) Mark Hunkin, ) 

John Wentworth, Esq. 
The following petition was read at this Board in htec ver- 
ba sequen : 

To Ilis Excellency, Joseph Dudley, Esq., Govern'' of Her Majes- 
tie's province of New Hampshire, and the Honorable, Her Majes- 
tie's Council, now sitting in Council at Portsmouth, the eight 
day of May, 1714. 

The humble petition of Thomas Waldon, master of the Sloop 
Douglas, Sheweth, — 

That being bovmd from Barbadoes to Newfound Land, in the said 
Sloop, having on Board about three thousand Gallons of Rum, for 
account of Mr. Hugh Hay ward, Chiefe owner of the said sloop, mett 
with a disaster by a storm at sea, and was forced to put into this 
j)ort and cannot proceed ; and since the commencement of this voy- 
age the said owner is dead, and your petitioner being under age, 
Humbly prays your Excellency that some care may be taken for 
the securing of the said sloop, and that Her Lading may be Land- 
ed for the proper owner thereof, and to save any Imbezelment or 
loss of the said estate, and that Hen- Lading may be sold, being a 
perishing comodity, and what further your Excellency shall 
see cause to du-ect in the premises: And your petitioner shall 

j)ray, &c. 

Thomas Waldon. 

In Council. 

Upon reading this day the above petition. Ordered that 
the judge of the Admiralty appointe two Merchants of this 
port of the best Reputation and Trade, and direct them to 
assist the master in securing the said sloop and cargoe for 
the proper [p. 467.] owners thereof; And that the said 
Judge of the admiralty by the first opportunity, give orders 



558 PROVINCE OF NEW-HAMPSHIRE. [1714. 

at Nevis and alsoe at Bristol, iii the Kingdom of Great Brit- 
taine, where the said Hayward Lived, that those tliat are 
concerned may look after and take care of their interests. 

Consented to by the Council. 

Cha. Story, Secretary. 
Portsnioiitli hi New Hampshire, 8* May, 1714.. 

Being Informed that the Sloop Douglas, Thomas Waldon Mas- 
ter, having on Board about three thousand Gallons of Rum for ac- 
count of Mr. Hugh Hayward, Cheife owner of the said Sloop, and 
being bound to Newfoundland, meeting with a disaster by a storm 
at Sea, was necesitated to put into this port and cannot proceed ; 
and alsoe advised that since the commencement of his voj-age his 
said owner is dead, and the said Master Thomas Waldon, alsoe 
being under age, as is sett forth by his ijetition, on file of 
this date ; — 

To save the Embezelment or loss of the estate, you are hereby 
directed to assist him by your officers or others Merchants of Rep- 
utation and estate, to secure the said sloop, and Land the Lading 
for the proper Owner thereof, and forthwith, by the first oppor- 
tunity, to give notice at Nevis, and alsoe at Bristol, in the King- 
dom of Great Brittaiue, where the said Haj'ward Lived, that those 
that are concerned may look after, and take care of their interest. 

Given under my hand. In Council, 

J. Dudley. 

To Cha. Story, Deputy Judge of the Admiraltys in the province 
of New Hampshire. 

By the Govern" Command in Council. 

Cha. Story, Secretary. 

Adj^i to Monday, the 10"^ Curr', 10 of the Clock, ante 
merediem. 

[p. 408.] Upon reading the petition of Thomas Packer, 
Richard Wybird, George Marshal and others, and upon 
reading the petition of John Pickering and W" Cotton, as 
upon file : 

Petition about ) Ordered, that the Secretary notifie 
the Meeting House. ) the select men of Portsmouth, 
and the said Pickering and Cotton, to attend at this 
Board on Tuesday next, tenn of the clock in the fore- 
noon, to have a hearing of the said petitions, and 
copyes of each petition be delivered to each contrary par- 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 559 

ties that tliey may the better be prepared for such Hearing. 

Ordered, that the Treasurer furnish Escumbuit, an Indian 
Capt., and the other Indians (who came to Consult his Ex- 
cellency the Goveniour), with necessary provisions and 
Liquors to carry them to their Several Habitations, and 
that Peter Cloyce, another Indian Captaine, be presented 
with a pair of shooes, 

Adj'^ to Monday, -4 o'clock, post merediem. 



Mett according to adjournment. 
Present, 
His Excellency the Governour, 
Richard Waldrou, ^ Samuel Penhallow, ] 

Eobert Elliot, > Esqrs. John Plaisted, S Esqrs. 

Nath" Wear, ) Mark Hunking, ) 

John Wentworth, Esq. 
Adj'' till to-morrow morning, 10 of the clock, ante me- 
rediem. 

[p. 4G9.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth by adjournment, 
on Tuesday, the eleventh day of May, 
Anno Domini 1711. 
Present, 
His Excellency Joseph Dudley, Esq., Governour, 

Richard Waldron, ^ Samuel Penhallow, \ 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath" Wear, ) Mark Hunking, ) 

John Went worth, Esq. 
The following vote was sent upp from the House of Rep- 
resentatives, in hsec verba sequen : New Hampsh. Sclt. 

Portsmouth, IV" May, 1714. 
By the Council and Representatives : — 

Upon the hearing of all parties referring to the meeting 



560 PEOYINCE OF NEW-HAMPSHIKE. [1714. 

Houses of this Town, and having seen and considered the 
Grants, agreements and votes of the said Town of Ports- 
mouth, referring to the settlements of the Reverend Mr. 
Rogers, the present minister of the said Town or parish, — 
Yoted, that the said Mr. Rogers be established the minister 
of the said Town, and be confirmed in the possession of 
the Gleeb Land or Parsonage Lands according to the agree- 
ment with the Town. 

It is further Ordered and directed that his sallary or 
maintenance be raised by the select men from the Inhabi. 
tants and paid him from time to time as heretofore ; And 
further, considering of the great increase of the Inhabi- 
tants of the said Town of Portsm'\ that there be two min- 
isters and two meeting Houses maintained in the said 
Town ; and that the two meeting Houses now in Ijeing are 
the Houses & places directed and agreed upon, and to be 
finished & repaired at the Expence of the whole Town. 

That Mr. Rogers and his maintenance be Established as 
above provided. 

That the other meeting House,* at the Mill Damm, 
shall be named and chosen by an Assembly of all the free- 
holders in the [p. 470.] said Town, and have his sallary & 
parsonage House provided and maintained at the charge of 
the said Town. 

And whereas Mr. John Emmerson has served in the con- 
gregation at the meeting House near the Mill Damm for 
some time past, there be made him at his departure a pre- 
sent of fifty pounds, with thanks for his service there, the 

* An obvious defect in the record. Perhaps it should read, That the [Minister of 
the] other Meetiug-House, &c. — Ed. 



171-i-] JOURNAL OF COUNCIL AND ASSEMBLY. 561 

said fifty pounds to be paid out of the Town Treasury and 
to be raised at the next Town tax. 

Past by the House of Eepresentatives. 

Sam" Keais, Clerk. 
Past by the Council. 

Cha : Story, Secretary. 
I consent to the orders above. 

J. Dudley. 

The following A'otc was omitted in entering the Eleventh day of 
May, as before in the last minutes. 

Voted, that Each of the parishes have power within them- 
selves to tax and assess their several Inhabitants to their 
parish charges, and that they choose three persons Annually 
to make such tax and assessment and collect the same by 
a warrant from a Justice of the peace in the forme and 
manner as other taxes are thereby collected ; and the 
province tax from time to time to Her Majestic remains to 
be taxed by the Towns of Dover and Portsmouth as hereto- 
fore. 

May the 1V\ 1714. Past by the House, 

Sam" Keais, Clerk. 

IV^ May, 1714. Consented to l)y the Council, 

Cha : Story, Secretary. 



[p.. 471.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjournm', on 
Wednesday, the twelfth day of May, 
Anno Domini 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Governor, 

Eichard Waldron, "j Samuel Penhallow, ) 

Robert Elliot, S Esqrs. John Plaisted, [ Esqrs. 

Nath> Wear, ) Mark Hunking, ) 

John Wentworth, Esq. 
36 



5G2 PROVINCE OF NEW-HAMPSHIRE. [1714. 

The following vote was sent np from the House of Eepre- 
sentatives, in hoec verba sequen : 

Voted, that M'' Speaker Gerrish and George Jaffrey be a 
committee to joyiie with Capt. Samuel Weeks and M"" Jn^ 
Downing to ascertain the Limits of the parishes of Green- 
laud and Bloody Point. 

May l-2''\ 1714. past by the House. 

Sam" Keais, Clerk. 

Eodem die. 

Eead in Council. Colonel Waldron and 'Capt. Hunking 
added as a Committee at this Board to joyne with the 
abore Comittee. 

Cha: Story, Secretary. 

In answer to the petition of the Inhabitants of Bloody 
Pouit and the petitioners of the Inhabitants of Greenland, — 

Ordered, that Colonel Waldron, Mark Hunking, Esqrs., 
Mr. Speaker Gerrish, Mr. George Jaffrey, Mr. John Down- 
ing and Mr. Samuel Weeks, be commissioners appointed to 
ascertaine the Limits of the said Parishes whereby the 
Constables in either place may know how to collect the 
province tax for the use of Her Majestie's Goverment of 
the Inhabitants, and that both parishes lie from this time 
forward discharged from being assessed to the payment of 
any minister, school master, or poor, but within their sev- 
eral parishes aforenamed. Bloody Point was named New- 
INGSTON this day by his Excellency the Governour. 

Cha : Story, Secretary. 

[p.. 472.] The following vote was sent up from the 
House of Representatives, as foUoweth : 

Considering the Great charge that may arise upon send- 
ing a Gentleman of the province to negotiate the affaire of 
Redeeming our prisoners that are at Quebeck, — 

Voted, that His Excellency the Govern'' be desired to 
Impower the Gentlemen sent from the Massachusetts to 
transact the business for us, and we will pay our Quota of 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 563 

the charge in proportion to the numljer of our prisoners 
that may be returned, and if none to be obtained, wee. will 
gratifie the Gentlemen for the trouble and charge they may 
be at to inquire after them. 
May 12'% 1714. 

Past by the House. 

Samuel Keais, Clerk. 
In Council. 
Read and consented to by the Council. 

Cha : Story, Secretary. 

The following vote was sent up from the House of Repre- 
sentatives, in ha3C verba sequen : 

The last year's tax being paid into the Treasury in Mas- 
sachusetts, Road Island and Connecticut Bills, and the 
burning of them does not answer the fund of this province, 
and to avoyde charges that may arise in changing them in- 
to Bills of this province. 

Voted, that the last province tax, being fifteen hundred 
pounds, be lett to such several persons as will give good 
and sufficient Land security within the province, obleidging 
themselves to repay the same within one year in New 
Hampshire Bills, and that a Committee be appointed 
therefor. 

Past by the House. 

Samuel Keais,' Clerk. 

Voted, Mr. Speaker, Mr. Attkinson and Mr. Jaffrey be a 
Comittee to joyne with a Comittee of the Council for the 
above service. 

Read in Council and concurred with [p. 473.] the Rep- 
resentatives, Provided that the money be lent for two 
years, the borrower paying interest for the same ; and Or- 
dered, that Colonel Waldron, Mr, Treasurer Peuhallowand 
John Plaisted, Esq., be a committee to joyne with the com- 
mittee of the Representatives for that purpose, who are 
hereby Impowered from time to time, after taking sufficient ' 



564 PROVINCE OF NEW-HAMPSHIRE. [1714. 

security, to Issue forth their order or warrant to the Treas- 
urer for the payment of such sume soe lent, which shall be 
a sufficient discharge to the Treasurer for the same. 
Past by the House of Representatives. 

Sam'^ Keais, Clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 
Voted at two and a halfe Pr. cent, interest, or what more 
the committee can gett. 
Past the House. 

Sam" Keais, Clerk. 
Read in Council and consented to. 

Cha : Story, Secretary. 
Adj'^ till the 14*'' day of June, curr*, 10 o'clock ante me- 
rediem. 

[p. 474.] Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsmouth, by adjournment, 
on Fryday, the 14'^ of June, 1714. 
Present, 
His Excellency Joseph Dudley, Esq., Govern', 
Richard Waldron, ^ Samuel Penhallow, ^ 

Robert Elliot, > Esqrs. John Plaisted, > Esqrs. 

Nath" Weare, ) Mark Hunking, ) 

John Wentworth, Esq. 
The two following votes were sent up to this Board from 
the House of Representatives, in luec verba : 

Voted, That the New Hampshire Bills that for the future 
shall be paid into the Treasury, shall be accei)ted with the 
advance of five Pr. cent. 

14"^ May, 1714. By order of the House. 

Sam" Keais, Clerk. 
Read in Council and consented to, nemine contradicente. 

Cha : Story, Secretary. 
Voted, That twelve hundred pounds in Bill of Credit of 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 565 

this province, be forthwith Impressed and signed by the 
Comittee and appljed to the payment of tlic province Debts 
that are allowed by the committee for auditing the province 
Acc'% and approved of by the General Assembly, and that 
an act be drawen np accordingly, and that the same be re- 
13aid in the year one thousand seven hundred and nineteen. 
May 14"S 1714. 
Past by the House of Representatives. 

Sam" Keais, Clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 
Adj'^ till to-morrow morning, tenn of the clock, ante me- 
redieni. 

[p. 475.] 15*^ May, 1714, ante merediem. 

Upon Hearing the Gentlemen of Dover who were chosen 
by the Town to shew cause why the publick meeting for the 
worship of God on the Lord's day should not be held at 
the new meeting House at Cochecho, now standing nearest 
the center of the present Inhabitants, this court are of 
opinion and accordingly advise the Inhabitants of Dover, 
at their next Town meeting, to choose three persons aa a 
committee to treat with tliose of Cochecho that were at the 
charge to erect the meeting House there, in order to an 
agreement upon reasonable Terms, to make it the Town 
meeting House, and the only place of meeting for the 
future ; but if they cannot come to any agreement, that 
the persons chosen by the Town and three of the principal 
disbursers for erecting the said new meeting House at Co- 
checho, to appear at the next sitting of the General As- 
sembly, and make report of their proceedings herein, and 
wherein they differ, in order to a final determination of that 
matter ; and that in the meane time the meeting be kept 
one sabbath day at Dover neck in the old meeting House 
and the other at Cochecho, in the new. 



566 



PROVINCE OF NEW-HAMPSHIRE. 



[17U. 



May 15'^, 1714. Past by the House of Representatives. 

Sam" Keais, Clerk. 
Eodem die, read in Council and consented to, nemine 
contradicente. 

Clia : Story, Secretary. 
Voted, That the Laws now past, and all other former 
Laws which shall be thought usefull by the Governour and 
Council, be collected into a book and printed, and that the 
Committee appointed to Revise the Laws of this province 
see them effected. 

15^'' May, 1714. Past by the House of Representatives. 

Samuel Keais, Clerk. 
Consented to by the Council. 

Clia. Story, Secretary. 



[p. 470.] Province of New Hampshire. 

Att a Committee for Auditing the publick ac- 
counts of the province, held at Portsmouth, 
on Saturday, the eight day of May, Anno 
Dm' 1714. 

Present, 
Robert Elliot, ) Theodore Attkinson, ^ 

John Plaisted, > Esqrs. Jose])h Smith, \ Esqrs. 

Mark Hunking, ) Mr. Geo. Jaffrey, ) 



No. 

1. George Walton, and John Searle acct 

2. Joseph Smith's acct., allow'^, 

3. Jolin Abbett's acc'S allowed, 

4. Eliza Harvey's acct., allow'^, 

5. Alexander Miller's acct., allowed, 

6. Joshua Pearce's ace*, allow'^ 

7. Mary polly's acct., allow'S 

8. Doctor Pike's account, alloAV<^, . 

9. Colonel Packer's account, allow'', 

10. William Fellow's account, allow'', 

11. Samuel Penhallow, Esq, his ace', 

12. Shadrach AValton's ace*. 



, allow'', 



lbs. 


s. 


d. 


2: 


1: 





0: 


17: 





3: 


0: 





9: 


6: 


8 


2 : 


0: 





2 : 


9: 





G: 


8: 


6 


3: 


6: 


2 


13: 


14: 





29: 


19: 


6 


63: 


1: 


6 


131: 


10: 






0: 


18: 





o : 


2: 





G'J: 


3: 


8 


1: 


7; 


8 


5: 


0: 





14: 


6: 


— 


10: 


11: 


2 


10: 


7: 


9 


9: 


0: 





b : 


0: 





1: 


1: 


4 


0: 


18: 





2: 


13: 


i 


•J : 


0: 






17U.] JOURNAL OF COUNCIL AND ASSEMBLY. 567 

13. Joseph Cass liis ace*, allowed, .... 
li. Joseph Smith's ace', allow"', .... 

15. Samuel Peiihallow's ace*, a Treaty about the 

pacitication, 

16. Theodore Attkinsou, Esq, his ace*, allow'', 

17. Beuj* Akermau's aec', allow'', .... 

18. Mr. Sheriffe Phipp's ace*, allow'', 

19. Capt-. Thomas Tibbett's muster Roll, allow'', 

20. Colonel Geor<,'-e Vaughan's ace*, allow'', 

21. Doctor Pike's ace*, allow'', .... 

22. Capt. Gyle's aec*, allow'', .... 

23. Deborah Wincars ace', allow'', .... 

24. Eliza Alcock, and partn'', allow'', 

25. John Knight, allow'^, .... 
2G. Major Smith's muster Roll allow'', 

27. Thorn'' Greely's accts., not allowed. 

28. Cha: Story's acct., allow'', . . . . 40: 0: 
To Col. Walton's muster Roll for Ephraim Mars- 
ton, 0: 6: 

Province of New Hampshire. 

14*'> May, 1714. 
Wee, whose names are hereunto svibscribed, having pe- 
rused all the accounts before mentioned, and [p. 477.] well 
considered the same, doe fmde justly due to each person 
the several sumes sett opposite to the names and number 
of each person's debenter. 

Robert Elliot, 
John Plaisted, 
Mark Huuking, 
Theodore Attkinson, 
14*'^ May, 1714. George Jaffrcy. 

The House of Representatives allow of the returns of the 
Committee as within, and above mentioned. 
Past by the House of Representatives. 

Sam" Keais, Clerk. 
The Council concurrs with the vote of the Represen- 
tatives. 

Cha : Story, Secretary. 
15*" May, 1714. 



568 PROVINCE OF NEW-HAMPSHIRE. [1714. 

Allow'' Colonel Packer to be paid in course forty pounds 
pursuant to liis ace* on file. 

Voted, that his Excellency the Governor be desired, be- 
fore his going out of the province, to signe orders for pay- 
ment of the province Debts in course that are already al- 
lowed and approved of by the General Assembly. 
May lO*'^ 1714. 

Past by the House of Representatives. 

Sam" Keais, Clerk. 
Voted, That the proportion of Kingstown for the next 
province Rate be twenty pounds, equally to be discounted 
out of each Town's proportion. 

May W\ 1714. 
Past by the House of Representatives. 

Sam" Keais, Clerk. 
Consented to by the Council. 

Cha : Story, Secretary. 
The following Acts — [Pages 478, 479, which follow, are 
blank.— Ed.] 

[p. 480.] Province of New Hampshire. 

Att a Special sessions of the Council & 
General Assembly lield at Portsmouth, 
on Thursday, thc"22'' July, 1714. 
Present, 
His Excellency, Joseph Dudley, Esq., Govcrnour, 

Peter Coffin, ^ Sam" Peiiliallow, ] 

Nath" Wear, > Esqrs. John Plaisted, > Esqrs. 

Richard Waldron, ) Mark Hunking, ) 

John Wentworth, Esq. 

His Excellency made the following Speech in haec verba 
sequen : 



1714:.] JOURNAL OF COUNCIL AND ASSEMBLY. 669 

[From Journal of the House.] 

Gentlemen, — 

I am here upon an Intei'view & Speech with ye Indian Sachems 
of ye severall Eastern tribes, to settle ye Trade and Commerce be- 
tween licr Majesties good subjects of tliese Provinces & je said 
Indians, and have directed this extraordinary session of tlie As- 
sembly, that I might liave your assistance and advice in any thing' 
that may occur of benefitt to the Province. You shall be present 
at the Indians' attendance to discourse, and have opportunity to 
ofler any thing thereupon afterAvards ; and I am to acquaint you 
that the Prorogation to the 11* of August next is yet continued 
without inteiTuption. 

J. DCDLEY. 

[p. 481.] The following petition was read at this Board, 
viz : 

To his Excellency Joseph Dudley, Esq., Governour and Com- 
maiider in Chief, in and over her ^»Iajesties province of New 
Hampshire, and to the Honorable the Council and licpresenta- 
tives Conven"^ in General Assembly. 
The petition of Samuel Penhallow, Esq., Treasurer and receiver 

General of Her Majestie's Revenue, &c., within this, Her Majes- 

tie's province : 

That the selectmen, by the several parishes with the officers, are 
by the Law Impowered to Lay the taxes throughout this province, 
and the Treasurer is by Law Impowered to direct his warrants 
accordingly. Yet soe it is, that by reason of the unhappy ditler- 
ence in the parish of Portsmouth, there are two sorts of selectmen, 
Assessors and Constables chose for the present year. And it being 
beyond my power to determine to whom I should direct my war- 
rants for the levying of the tax granted unto her Majestie for the 
support of the Goverment, Defence of the province and pajan' of 
the publick Debts, which will be to the hurt, detriment and dis- 
honour of her Maj''"^ province, — ■ 

Doe humbly pray that yo"" Excellency and the Honorable As- 
sembly will give such directions herein as you in wisdom shall 
see meet, which shall readily be observed by yo' Excellency and 
Hon" most humble and most obedient servant, 

Samuel PenhaUow. 
Portsm", July 22d, 1714. 

22d July, 1714. This petition being read at this Board, 



570 PROVINCE OF NEW-HAMPSHIRE. [1714. 

Ordered that the two setts of selectmen be notified to ap- 
pear here on Saturday morning, teiin of the clock in the 
forenoon, and that the Representatives be desired to con- 
curr with the same. 

Cha. Story, Secretary. 
Voted in the House of Representatives, 
Concurrence. 

Sam^^ Keais, Clerk. 

[p. 482.] Ordered that the Secretary send to the Sheriffe 
to notifie the said Selectmen accordingly. 

Adj'^ till to-morrow morning, tenn of the clock. 

Mett accordingly, present ut supra & R. Elliot, 

The following petition was read at this Board, viz : — 

To his Excellency Joseph Dudley, Esq., CTOvernom-, and the Hon- 
orable the Council sitting at Portsmouth, 23d July, ITl-t. 
This writing hnmbly slieweth, that whereas the Laws of this 
province obleidgeth each town in the Said province to be provided 
with a school master to keep a free school, and the selectmen of 
Hampton having hired one for the said Town to teach both Latin 
and English, &c., nevertheless, altho tlic Law of this province 
and order of the Governor and Council and a vote of the Town 
doth order that all the Inhabitants pay the maintaining such pub- 
lick Town School, 

Yet notwithstanding the said Law and orders, the major i:)art 
of the selectmen and* Justice Wear, liave signed and directed a 
w^arraut to the Constable to collect the said scliool ma'^ Rate from 
only a part of the Town, aiul wliolly left out the otlier part of the 
said Town ; which partial doings hath caused great Divisions in 
the said Town, and will more increase contentions when the Con- 
stable comes to take such Eate by distress, if not timely prevented. 
It is therefor desired that the said Justice and Selectmen be 
ordered to answer before your Excellency and Council, and alsoe 
Robert Moulton, the present Constable, be ordered to bring his 
Rate at the same time, and that he be ordered to forbear [v. 483.] 
gathering said tax until further order of this Board, which may 
be a meanes of preventing Contentious among us. 

Joseph Smith, in behalfe of the greatest part of the Town. 

Upon reading at this Board the petition before-mentioned, 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 571 

Ordered, that there be a hearing of the said petition at 
this Board, on Wednesday next, tenn of the clock, ante 
merediem, and that the selectmen and Constable Monltoii 
be notified by the Secretary to appear at time and place^ 
and that an order be sent to the Constable Moulton to for- 
bear collecting the said rate till further order, and that he 
bring a list of the assessments and warrants for collecting 
the said Rate with him, to be laid before the Goveruour 
and Council. 

In Council, 

Cha. Story, Secretary. 

Adj'^ till to-morrow morning, tenn of the clock. 

Mett accordingly, present as before. 
Council Chamber. 

The Governor comunicated General Nicholson's letter of 
yesterday, referring to his coming hither, & sent Capt. 
Wentworth and Colonel Phipps with the Gcn"^ present 
(a Guinea) to the Indians, to accquainte them of his affec- 
tion to them, and of his coming. 

[p. 48-i.] Voted, In answer to Mr. Treasurer Penhal- 
low's petition, on hearing the Qualifications of the two setts 
of Selectmen in Portsmouth : 

"We are humbly of opinion, that the Selectmen Chosen 
at the new Meeting House, on the 7th of June last, are the 
persons that the Treasurer ought to send his warrants to 
for the collecting such money as hath been granted to her 
Majestic this present year, past the House of Represen- 
tatives. Sam' Keais, Clerk. 

24th July, 1714. 

The following vote was sent down from the Governour 
and Council to the House of Represent^ : 

In Council, 24th July, 1714. 

Information being given to this Board that there is 
offence taken by the Assembly of Her Majestie's Province 
of the Massachusetts, at the Act of Impost <fe Dutys of 
Exportation lately made in this Province : — 



572 PROVINCE OF NEW-HAMPSHIRE. [1714. 

Ordered, That Samuel Penhallow & Mark JHunking, Esqs. 
be a Committee from this Board to Joyne with a Commit- 
tee with the House of Representatives, to meet and confer 
with such Gentlemen as the Goverment of the Massachu- 
setts shall direct for that purpose, to take away any Just 
offence at the said Act; for that we would avoyd any mis- 
understandings between the two Goverments of her Majes- 
tie's provinces, soe happily united for the common safety 
and preservation of each other. 

Past in the Council, JVemlne contradicente. 

Cha. Story, Secretary. 

To wliich it is Answered, viz. : Wee are humbly of opin- 
ion that it is inconsistent with the [p. 485.] Honour of the 
Goverment of this province to appointe a Comittee to con- 
fer with such to be chosen of the Massachusetts, about any 
Law of this province. 

If they are agreived by any Act, upon their Intimation 
thereof, and desire to treat with us thereon, wee will then 
appointe a Committee to confer with them. 

But in the meane time, wee pray his Excellency the Gov- 
ernour to give them all Imaginable assurances that wee 
had noe intention to affront or injure their Goverment l)y 
passing any Act, and hope they will have noe ill Resent- 
ment tliereof. 

Adf to Monday, the 26"' curr*, tenn of the clock, ante 
meridiem. 

Mett accordingly, and adj*^ to Tuesday, the 27*^ curr', 10 
o'clock, ante Meridiem. 

Mett Accordingly, & Adj'^ to Wednesday, the 28"' curr*, 
10 o'clock, ante meridiem. 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 573 

Met Accordingly. Present, 

His Excellency Joseph Dudley, Esq., Govern'', 
Robert Elliot, J John Flaisted, J 

Richard Waldron, [ Esqrs. jMark Hunking, | Esqrs. 
Sam" Penhallow, ) John Wentworth, ) 

In Council. 
Voted, The necessity of the Affaires relating to the Con- 
gress with the Indians having taken upp soe nnich time, 
that the Governour and Council cannot farther proceed in 
the determination of the matter relating to the Affaires of 
the Select men of Portsmouth, — 

[p. 486.] Ordered, At present, that out of the nine per- 
sons set down in the margin, there be five prickt by his Ex- 
cellency the Governour, to doe the publick service of the said 
Town as Select men, till the 25"' day of March next, and 
Geo. Jaffrey, '^ then the said Town shall proceed to 
to call a Town Meeting for the choice 
of all Town officers as formerly has 
been use, agreeable to the Laws of the 



RiclV' Wibird, 
Tho. Westbrook 
Sam^ Weeks, 



Sam^ Hart, )> Province. 



Mark Hunking, 
Geo. Yaughan, 
Wm. Cotton, 



Past by the Council and sent to the 
House of Represent, for concurrence. 
Cha^ Story, 
Lt. Johnson. ) Secretary. 

"Voted a concurrence with the Order of the Governour 
and Council, and, considering the Regularity of the Town 
meeting at the New Meeting House tho 7"' of June, con- 
firm the Town Clerk and all other officers then chosen, and 
the votes then passed about the New Meeting House. 
28'"' Jnly, 1714. Past by the House of Representatives. 

Samuel Keais, Clerk. 
The Council consent that his Excellency the Governour 
forthwith choose five select men out of the nine persons 
mentioned in the margin above, and that the Town Clerk 
and all other officers chosen at the Town meeting at the 
New Meeting House stand as such, till the 25"' March next. 
The Govern"^ and Council hereby order that the 25*^ day of 



574 PROVINCE OF NEW-HAMPSHIRE. [1714. 

March be the day for Annually Electing Town Officers for 
Portsmouth, unless the said 25'^ day of March fall upon the 
Lord's day, and then the Election shall be the day following. 

Cha. Story, Secretary. 



[p. 487.] Portsm°, 28'^ July , 1714. 

Agreea1)le to the votes of the Council and Representa- 
tives in General Assembly conven*^, that the Governour 
name and appoint five persons to doe the Office of Select 
men for the Town of Portsmouth, for laying the taxes & 
other prudentials for the year Ensuing, as in their votes do 
appear : 

Mark Hunking, Esq., Samuel Weeks, 

Thomas Westbrook, Samuel Hart, 

George Jaffrey, 
being five of the nine in the margin of those votes, are the 
persons I have determined for the service. 
Given under my hand. 

J. Dudley. 

The following Memorial was read at this Board, viz : 

To liis Excellency the Govern'', with the Honourable the Council 
and Rei)resentatives couven'^ in General Assembly: — Wee the sub- 
scribers being commissionated and appointed to ascertaine the 
Bounds of the two parishes of Greenland and Newington. for the 
better direction of the Constables in collecting of publick taxes, 
upon due consideration thereof, wee are of Opinion the Parish of 
Newington be Bounded from the Eiver to Piscataqua by the In- 
habitants following, viz., James Gray, Henry Bennet, Joseph 
Johnson, Sam^ Tomson and Thomas Pickering, upon the Great 
Bay ; and that these p'sent Inhabitants with the Lands and Estates 
they live upon, and whosoever shall live upon them here after, or 
build within the limitts aforesaid, shall i^ay their Parish taxes to 
Newington. 

[p. 488.] And that the parish of Greenland be bounded upon 
the Great Bay by the farm of the Widdow Jackson, Joshua Pearce, 
and Isi-ael March, and soe to Packer's bridge, and thence to Joshua 
Haines', Mr. Gate's and Edward Ayres' farme, and from thence 
South westerly to Hampton Bounds ; & that these present Inhab- 



17U.]- JOURNAL OF COUNCIL AND ASSEMBLY. 575 

itauts with the Lands and Estates they live upon, and whosoever 
shall live upon them hereafter or build and inhabit withiu the lim- 
its aforesaid, shall paj^ their Parish taxes to Greenland. 
All which, notwithstanding', is humbly submitted, by 
Eich^i Waldron, Rich'^ Gcrrish, 

Mark Hunking-, George JafTrey. 

28"' July, 1714. 

Read in Council and Approved of, and sent down to the 
House of Representatives for concurrence. 

Cha. Story, Secretary. 
The House of Representatives Concurr. ' 

Sani^ Keais, Clerk. 
Voted, Theodore Atkinson, Esq., and George Jaffrey, be 
a Committee to Joyne with the Committee of the Council 
to confer witli the Committee of the Massachusetts aljout 
their being offended at any Law of this Province, and make 
return thereof to the General Assembly. 
July 28"S 1714. 

Per Order of the House, 

Sam" Keais, Clerk. 
Assembly prorogued to the 11"" Augu^', 1714. 



[p. 489.] Mett, according to Proroguement, and pur- 
suant to his Excellency's letter the Assembly is further 
prorogued to Wednesday, the 8* 7'"', 1714. 

Mett according to Proroguement, and the General As- 
sembly Avere, pursuant to his Excellency's the Gov''' Letter, 
prorogued to the 16"' day of Sep'"' currant. 

Mett according to proroguement, and pursuant to his 
Excellency's letter the General Assembly were prorogued 
to the first day of October next. 

Mett accordingly, and the General Assembly were adj'' 
till to-morrow morning, 10 of the clock. 



576 PROVINCE OF NEW-HAMPSHIEE. [1714. 

Province of New Hamps'"'. 

At a Council and General Assembly 

held at Portsni" by Adj', on 

the second day of October, Anno 
Domi. 1714. 
Present, 
Natli' Weare, ) Sam' Penhallow,^ 

Robert Elliot, \ Esqrs. John Plaisted, VEsqrs. 

Rich'' Waldron, } Mark Hunking, J 

John Wentvvorth, Esq. 
The two following Addresses, having been three times 
read, past both Houses, and Ordered to be Engrossed and 
sent for Great Brittaine, His Excellency pleasing to trans- 
mit the same. 

To the Juiir/''s most Excellent Ilaftie. 
The humble Address of the Council and Representatives of the 

General Assembly of the Province of New Ilamx^shire, in New 

England, in America : 
Most Gratious Soveraigne, — 

Having already with utmost joy and faithfulness to Almighty 
God congratulated your Maj'ties Riglitful and happy Accession 
to the throne of Great Britain, &c., wee most humbly beg leave, 
with utmost Reference and duty, to Represent to your Majes- 
tic that liis Excellency, Col. Dudley, our present Govern'", had the 
Honour to have a Commission for this governm', first from the 
late King William, of glorious Memory, and afterwards from our 
late most Gratious Soveraigne, Queen Anne, of blessed memory; 
during the whole of whose Reign, the greatest part whereof was 
a ditficult and distressing time of Warr here with the French and 
Indians, The Honour and Interest of the Crown of Great Brit- 
taine and the happiness & prosperity of your Majestie's people 
have been greatly served and advanced by his wi se and faitlifull 
administrations. The very last Address wee had the Honour to 
present to her late Majesty contained our Thankful Acknowledg- 
ments of her Majestie's Great Favour to her people here, in his 
continuance in this Governm'; And wee now most humbly and 
ftiithfully give the same Assurances to your Majestic that his Gov- 
ernment over this province is very acceptable to us, and all your 
Majestie's good subjects here, whom wee respect. And wee shall 
with all thankfulness esteem and acknowledge it as an instance 



1714.] JOURNAL OF COUNCIL AND ASSEMBLY. 577 

of your Royal favour to us, if your Majestic will yott please to 
coutiuue him the Honour of this Goveriun', being now iu an ad- 
vanced age, and oiie that wee doubt not but by the favour of God 
and yo"" Majesties Royal Instructions, will continue an Honour to 
yo"' Majestie, and a Great Blessing to yo'' people. 

Cha: Story, Secretary. 
By order of the Council. 
2^ October, 1714. 
Portsmouth, in New England, 

iu America. Richard Gerrish, Speaker 

of the House of Representatives. 



To the King's most Excellent 3IaJestie. 
The humble Address of your Majesties most Dutiful and Loyal 

Subjects, the Governour, Council and Representatives of your 

Majesties Province of New Hampshire, iu New England, cou- 

ven*^ in General Assembly: 
May it please yo"" Majestie, — 

As wee cannot but be sensible affected with the late Death of 
our Soveraigne Lady Queen Anne, of Blessed Memory, soe nothing 
would soe well allay our Griefe as your Majestie's happy Acces- 
sion to the throne, which hath filled our hearts with joy and sat- 
istaction beyond the Expression of our Tongues; and wee accord- 
ingly, with utmost sincerity and thankfulness to Almighty God, 
congratulate your Majestie thereupon, being well assured that 
not onely your Realms in Europe but the remotest of yo"" Domin- 
ions in America will Enjoy a proportionable share in the benign 
Liiluencc of yo"^ Auspicious Reign. 

For which end wee shall ofier up our daily prayers to God Al- 
mighty, that your Majestie's Royal person and Family may be 
always under Divine protection ; that your Majestie's Reign over 
us may be long and prosperous ; your Councils and Administra- 
tions directed and succeeded from above ; And that under your 
Majestie's Goverment, wee may all lead quiet and peaceable lives 
in all Godliness and honesty. And finally, that wee, your ^Nlajes- 
ties faithful and peaceable subjects in these your Remote Domiu- 
37 



578 PROVINCE OF NEW-HAMPSHIRE. [1714. 

ions, may alwfi3's find favour before your Majestic in the full and 

free Enjoyment of our Religione and Civil Rights and privileges. 

Cha: Story, Secretary, 

By order of the Council. 

RicnARD Gerrisii, Speaker of 

the House of Representatives. 

Portsm", in the Province 

of New Hampshire, in New 

Eughind. in America, 

2'! October, 1714. 

Prorogued to the 3"" November, next Ensuing, 11 o'clock, 
ante merediem. 

[p. 492.] Mett according to prorougement, and ad- 
journed to the fourth of November currant, 10 o'clock, 
ante merediem. 

Mett accordingly and adjorned to the fifth currant, 11 
o'clock, ante merediem. 



Province of New Hampshire. 

Att a Council and General Assembly 
held at Portsm° the fifth day of Novem- 
ber, Anno Dom. 1714. 
Present, 
Robert Elliot, ) Mark Hunking, ) ^ 

Sam' Penhallow, [ Esqs. Jno. Wentworth, j ^^^^• 
John Plaisted, ) 

His Excellency's the Govern^ letter was read at this 
Board, in hsec verba Sequen : 

Gentlemen, — . 

I have the opinion of the Gentlemen of the Law that I cannot 
continue the present Assembly of the pi^ovince of New Hamp- 
shire any longer upon the writ in her late Majesty's Reign. 

I do therefor hereb)^ Dissolve the Assembly and discharge 
them from any further attendance, "with thanks for their good 
seiwice, and shall take care as much as in me lyes in every thing 



1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 579 

for the benefit and welfare of the Province, until his Majestic's 
commands may happily arrive, as is my duty. 
Given under my hand, 
Boston, 1«' Nov., 1714. J. Dudley. 

To tlie Gentlemen of his Majestie's ? 
Council for New Hampsliire. ^ 

Under cover, directed 
as foil : On his Majestic's Service, 

J. Dudley. 
To the Ilon'^i^ ^Vm. Vaughan, to be 
communicated to his Maj''*^^ 
Council of New Hampsliire, 

Portsm". Pursuant to the abovesaid 

Letter, the Assembly were 
accordingly Dissolved. 
Cha: Story, Secretary. 



[p. 493.] Province of New Hamp"". 

At a Council & General Assembly held 
at Portsm°, the 20*^^ day of April, 1715, 
Present, 
His Excellency the Governour, 
RiclV^ Waldron, ) -^ John Plaisted, ) -^ 

Sam^ Penhallow, j ^ ' Mark Hunking, j ^ 
His Excellency the Gov'' this day took y*^ oaths & signed 
the Declaration. 

Sam^ Penhallow & Jno. Plaisted, Esqs., were sent from 
this Board to y'' representatives (1) to administer y'^ oaths 
to them, which they did accordingly. 

(1) [From Journal of the House.] 
The members Electeil for the several Towns returned as follows, viz : 

For Portsmouth. For New Castle. 

Kiclul. Gerrish, Esq., Theod. Atkinson, Esq., 

Geo. Jeffrey, Jotham Odiorii. 

Sam. Keis. 

For Hampton. For Dover. 

Maj. Joseph Smith, Capt. Tim. Gerrish, 

Peter Ware, Jno. Downing, 

Joshua Wingate. Stephen Jones. 



580 PROVINCE OF NEW-HAMPSHIRE. [1715. 

Mr. Sheriff Phipps Wcas sent down to y'' House of Rep- 
resentatives to call them to this board, who came up with 
Rich'^ Gerrish, Esq., their Speaker, whome they presented 
to his Excellency & was by him accepted ; his Excellency 

made a Speech to y™ (-)• 

Adjourned till to-morrow, ten o'clock, A. M. 



Province of New Hampshire. 

At a Councill & General Assembly held 
at Portsm" the 21 Aprill, 1715. 
Present, 
His Excellincy the Gov"", 
Robert Eliot, \ ^ Sam^ Penhallow, ) ^ 

Rich'^ Waldron, j ^""l'- John Plaistcd, j ^"'l'- 

Mark Hunking, Esq. 
Mr. Treasurer Penhallow was directed to quicken y^ con- 
stables that are behind hand of paying the last Pro : tax 
by his letter or warr* to them. 

The Petition of Simon Wiggins, Andrew Wiggins, &c., 
desiring that the Patent land w'on they live might be made 
a township, was read and sent down to y^ Representatives. 

For Exeter. For King si on. 

Saml. Thing, Sam. Easmaii. 

Nicho. Gilman. 
The House met & Qualified Apl. 20th. 

Voted, Kichard Gerrish, Esq., Spealier, who being presented to his Excellency, was 
accepted accordingly. 
Voted, Sam. Keis, Clarke of ye House. 

(2) The House sent for by his Excellency, who presented the following Speech: 
Gentlemen, — 

By the favour of Almighty God and the Indulgence of his Majestj-, the Best of 
Kings, you are at this time assembled, and there is nothing necessary for the ease & 
Benefitt of this his Majestie's Province but I shall readily come into and put forward 
when it shall be offered. 

I have directed Mr. Treasurer to lay before you the present state of your Debts, 
which you will i^rovide for. The tax now collecting -vill be no Assistance therein, 
being ordered to be paid in bills of Credit of this Province that they may be burnt in 
pursuance of the Act of Assembly, and in that case made & Provided. I judge it 
best for the Assembly to use all iiroper methods to get out of Debt whilst we are in 
Peace, that we may be more capable and ready for what shall be necessary to estab- 
lish & advance the growth of ye Province & defence for ye future. 

Joseph Dudley. 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 581 

[p. 494,] Upon reading of a list of y* Inhabitants of 
Starr Island, amounting to thirty-five in number, it is — 

Ordered, That y^ Sheriff imediately send forth his Pre- 
cept directed to James Blagdon, Esq., one of his Maj"*'^ 
Justices of Peace residing there, to cause y® Inhabitants of 
the s*^ Island to elect & send a p'son to represent them in 
y* General Assembly, by Tuesday, the twenty-sixth instant. 
Adjourned for two hours. 



Pro : of N. Hamp"'. Mett again. 

Present, — as Before. 
The Councill is adjourned till to-morrow, 10 o'clock a. m, 



[p. 495.] Province of N. Hampshire. 

At a Councill & General Assembly held 
at Portsmouth, the 22^^ of April, 1715. 
Present, 
His Excellency the Governour, 
Robert Eliot, ) ^^ ,^ Sam. Pcnhallow, ) 

Richard Waldron, ) ^'V-^- John Plaisted, \ 
]\rark Hunking, Esq. 
Voted, In Councill y' y^ Excise of Liquor within this 
Pro : be farmed out by y'' Treasurer with y*" assistance of a 
Committee of both houses. Jno. Plaisted & Mark Hunk- 
ing, Esqs., of y® Councill, with any other two to be ap- 
pointed by y° representatives. 

Tho. Phipps, pr. order. 
Voted, That Mr. Speaker Gerrish & Mr. Odiorne are of 
y** Committee to joyn y'' Gent" of the Councill. 

Sam' Keais, Clerk. 
A Complaint was read, signed by sundry Inhabitants of 
y^ Town of Portsmouth, ag"' y*" Selectmen, for raising more 
mony in y*" Pro : taxes in y*" years 1712 & 1713, than their 
warr"* from y° Treasurer Impow'red them to do. 



582 PROVINCE OF NEW-HAMPSHIRE. ■ [1715. 

Ordered, A Hearing of both p'ties at four o'clock, p. m. 
Sundry of y® complainers being notifyed by y® Sheriff, none 
attended but Wm. Cotton & Mr. Wm. Partridge ; so noth 
ing done in that matter. 

The following Vote was sent from y*^ Low'' House to y" 
Councill board, viz : 

Voted, That there be a Committee of both houses chosen 
to examine y*" Pro : Acc"% & make return from time to time 
to y® General Assembly; & that Mr. Speaker Gerrish, 
Messrs. Atkinson & Jeffry & Maj. Smith, be y*^ Committee 
of this house. 

Pr. order of the House. 

Sam' Keais, Clerk. 

Consented to by y^ Councill, & 

Voted, That Rob' Eliot, Jno. Plaisted & Mark Hunking, 
Esqrs., be of s'^ Committee from this board for y^ service 
aforesaid. 

Tho : Phipps, pr. Order. 

Adjourned for two hours. 



[p. 496.] Province of N. Hampshire. 

At a Councill & General Assambly held 
at Portsmouth, y'' 22^' Aprill, 1715, P. M. 
Present, 
His Excellency the Governour, 
Robt. Eliot, tfec, as Before. 
A Committee is appointed to view y*" two meeting houses 
at Dover & Cochecho, & make their return by Tuesday 
next, viz. 

"Whereas, by y* return of y'^ Committee from Dover, it ap- 
pears there is no agreem* about y*" Meeting house at Co 
checho : 

Ordered, That a committee of both houses be chosen to 
go to Dover to view both meeting houses there, & Enquire 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 583 

into the scituation of y® Inhabitants thereah\ & make re- 
port w*^'' of the two houses, since y" seperation of Newing- 
ton, best suits y* remaining Inhabitants to meet constantly 
to attend y^ Publick worship of God on y** Lord's Day ; <fe 
y' the Select men of y'' Town be notified to attend y*^ Com- 
mittee in this affair at the Old Meeting house on Dover 
neck, on Monday next at ten o'clock, <fc the Committee to 
make their return to y** Gen^ Assembly, on the day 
following. 

Past pr. y'^ Councill, who have chosen John Plaisted tt 
Mark Hunking, Esqs., to joyn w"' two to be chosen pr. the 
House of representatives. Tho. Phipps, pr. Ord^ 

Voted, That Mr. Sam" Thing & Mr. Peter Weare joyn w"' 
the Gent" above to be a Committee for the service aboves"^. 
Pr. order of the house. 

Sam^ Keais, Clerk. 

Mr. Sheriff Phipps made a representation of the Defi- 
ciency of the Goal in Portsm°, & prayed y* y'' same might 
be reformed ; After the reading of which, it was sent down 
to y'' house of representatives, who thereupon sent up y° 
following vote, viz : 

Voted, That Messrs. Smith & Atkinson be of a Commit- 
tee to joyn with others chosen by y® Council toexamine the 
deficiency of y*' Goal & cause the same forthwith to be re- 
paired and [p. 497.] strengthened <t (if they think meet) 
removed ; adding thereto a Leantoe* & yard, & y° treasurer 
to advance y'' mony for this service. 

Pr. ord'" of the Representatives. 

Sam. Keais, Clerk. 

The Council consent to y'' above vote, & have Accord- 
ingly chosen Jno. Plaisted & ^lark Hunking, Esqrs., to 
joyn with Messrs. Smith & Atkinson for y*^ service afores**. 

Tho. Phipps, pr. Ord"". 

Adjourned till to-morrow, 10 o'clock A. M. 

* Lean-to, a part of a building wliicli appears to lean on the main building.— JTeft. 
Die. 



584 PROVINCE OF NEW-HAMPSHIRE. [1715. 

Pro : of N. Hamp''. 

At a Council & General Assembly held at 
Portsm'', y*^ 23'^ April. 1715. 
Present, 
His Excellency the Governour, 
Rol)' Eliot, ) -p Sam' Penhallow, ) j. 

Rich'^ Waldron, \ ^''^''- Jno. Plaistcd, \ ^''^'''- 
Mark Hunking, Esq. 
Mr. S had. Walton p'sented a pap'" to this Board, which 
was read as follows : 
3fai/ it please your Excellency , — 

There being now but four men in his Maj'J"'^ fort W"" & 
Mary, & two of them being superannuated & unfit for any 
service, I would humbly pray yo'' Excellency that y'' s'^ two 
men may be dismissed & more servicable p'sons put in their 
rooms, or that there may be an ord^' for one or two new 
souldiers to be added to them, as yo'" Excellency in yo"^ 
Wisdom shall think fitt. I am 

Your Excellency's Dutiful serv*, 
Portsm% April 23'\ 1715. Sha. Walton. 

Upon reading this application it is Ordered, That Franc : 

Shcrlott be dismist from y^ service in y° Fort & that 

Coats be put in his place. 

Tho, Phipps, pr. ord"'. 

[p. 498.] Coll. Shadrach Walton's Debenter for himself 
& the Souldiers at his Maj"^"^ Fort W-" & Mary, am'ting in 
the whole to one hundred and forty-four pounds, ten shill°, 
viz : 

To liimself, £27 : 10 : 00 

Franc : Sherlott, 26 ; 00 : 00 

James Phillips, . 26 : 00 : 00 

Joseph Laiigmaid, 26:00:00 

James Sweat, 26:00:00 

Forgot to be entered, — James Sweat, . . . 13: 00: 00 



£144: 10: 00 
Adjourned to Monday, ten o'clock ante merediem. 



1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 585 

Province of New Hampshire. 

At a Council & General Assembly, held at 
Portsm", the 20 day of April, 1715. 
Present, 
His Excellency, y'^ Gov'", 
Richard Waldron, ] j^ Jno. Plaisted, ) ^ 

Samuell Penhallow, ( ^^'i'" I^Iark Hunking, \ ^^^^• 
Ordered, That the Collector of y'' Duty upon Lumber be 
notifyed not to take any thing of those that Export any 
Lumber out of y° Gov'm', of the Pro : of y° Massachusetts , 
on ace' of the Act in this Pro : imposing that Duty, ^y''^' Act 
Requires no such thing, & the s'' Collector is to be served 
w*^^ a Copy of this ord"". 
Adjourned for two hours. 



[p. 499.] Province of N. Hamp"". 

Mett again at two O'clock Post ]\Icridicm. 
Present — As Before. 
Voted, That Maj''. Joseph Smith, Messrs. Jno. Downing, 
& Sam' Thing, be a Committee to joyn w''' Some of the 
Gent" of y" Council, to take bonds of the p'sons that have 
borrowed the fifteen hundred pounds out of the treasury. 
By order of y® house of representatives. 

Sam'Keais, Cleric. 
In Council, Voted, y* Mr. Treasurer Penhallow, Mark 
Hunking, & Jno. Plaisted, Esqs., be of a Committee to be 
joyned by y'' above named p'sons for y'' service afores''. 

Tho : Phipps, p'" Ord^ 
The Petition of Richard Dollar was read at this Board as 
follows : 

To liis Excellency, Joseph Dudley, Esq., Capt. Generixl & Com- 
mauder-lu-Chief in & over his Maj'''<=^ Pro: of N. llamp"^ &c., 
& the Hon''"''^ the Council & Assembly now sitting. 
The humble petition of Richard Dollar, of Exeter, in s^ Prov- 
ince, 

Most humbly sheweth, — 
That yo"' Poor Petitioner went some time last summer to Canada 



586 PROVINCE OF NEW-HAMPSHIRE. [1715. 

by land, to redeem three children I had made Captive by j^ Ind"^ 
but conld get but one of them, for which I paid £12 : 17 : 0, to y" 
Indian Captor at Canada, & w° I came to port Albany I paid him 
twelve pounds more, for vf^^ I gave my bond to Maj"'. Skyler, w*^*" 
your Petitioner hath not been able to discharge as yet, so that it 
still stands in force ag"' me ; w*-'' I cannot possibly discharge of 
mj'self (being very poor), my aforcs'^ journey having been very 
chargeable, w'''' I have born myself, without any manner of assist- 
ance, & yo'' Poor Petitioner intending to go again to Canada this 
Summer to get my other two children, a French gentl" having 
promist me to [p. 500.] redeem them from y'= Ind"" : Humbly im- 
plores yo"" Excellency &■ Honours' christian compassion in giving 
me relief in this my great distress, by ordering my afores"! bond to 
be discharged, «& some further help given me to enable me to pro- 
ceed in my afores"^ Journey, and yo"" Petitioner shall ever pray as 
in Duty bound. 

Richard Dollof. 

After y'' reading this Petition, it was sent down to j" 
bouse of Representatives, who tliereupon sent up y'' follow- 
ing vote, viz : 

Voted, That the Petitioner be paid twenty pounds out of 
the treasury, by ord'' of y*' house of representatives. 

Sam' Kcais, Clerk. 

Consented to pr. y*' Councill, & ordered that a warrant 
be issued to y® treasurer accordingly. 

Tho. Phipps, pr. ord^ . 

Voted, That one thousand pounds of the fifteen hundred 
pounds, which is now in the treasury be burnt, & the other 
five hundred pounds be repeated to pay y° Pro : Debts w*^^ 
shall be allowed by the Committee & approved by tho Gen- 
eral Assembly. 

By order of j° Representatives, Sam' Keais, Clerk. 

Consented to by y^ Councill, Tho : Phipps, pr. ord'. 

Upon application of Capt. Jno. Downing, of Newington, 
for himself & the Inhabitants of the Parish of Newington, 
laying Ijefore the house y® Inconveniences of several p'sons 
collecting their Pro : tax, & they having a Constable for col- 



1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 587 

lecting their Parish Dues, pray that the same p'son they 
choose for settling their parish business may also assist 
their people in y° Pro : taxes, & the Same Constable may 
Collect the Same. 

Voted, that the Selectmen of Dover & Portsm° draw out 
a list of the Inhabitants of Newington in each of their 
towns, and deliver the same w"' the equall proportion of 
tlieir Pro : tax, & y® same sum in each town be abaited to 
them, & that henceforward [p. 501.] y'' treasurer send his 
warr*^ to y° trustees of y° Parish of Newington, to collect 
the same. 

By order of the house of representatives. 

Sam^ Keais, Clerk. 

Consented to by y'^ Councill. 

Tho : Phipps, pr. ord^ 

Voted, That that part of the Act about Impost, &c., be- 
gining the 10th June, 1714, concerning the Duty of Rum, 
wine, sugar, molasses & tobacco, be continued untill the 
10th of June, 1716 ; and whereas the draAvback there is 
three quarters if Exported in six months. It is now not so 
allowed, except it be exported in three months after the 
Importation. 

Sam. Keais, Clerk. 

Consented to by the Councill. 

Tho. Phipps pr. Ord^ 



The Return of the Committee chosen to view the meeting- 
houses at Dover, &c., was read as follows : 
Pro. of N. Hamp^ 

We, whose names are und'' written, being appointed a 
Committee to go to Dover & view y*^ two meeting houses, 
& Inquire into y'^ Conveniency of the Inhabitants relating 
to their meeting on the Lord's day, & to report w'^'' of the 
two houses suits them best ; in obedience thereto, we have 
been & viewed s'^ meeting houses & made Enquiry as within 



588 PROVINCE OF NEW-HAMPSHIRE. [1715, 

directed, & do find that the new Meeting-house hath 73 
Inhabitants as convenient to it as y*" Old hath 23, w'''* rend- 
ers the difference three to one, & we are of opinion j* the 
new meeting house at Cochccha is the most suitable place 
for the piiblick worship in that town. Humblj submitted by 

John Plaisted, ^ 
Mark Hunking, ! Qq^^ico 
Sam, Thing, f 
Peter Weare, J 
The Councill approve of the Report of y° Committee 
above, and accordingly have 

Ordered, that the meeting to attend y*^ Publick worship 
of God on the Lord's day, be hereafter held at the new 
house at Cochecha, & that all y*' Inhabitants of the town 
do pay in Proportion towards y*' maintenance [p. 502.] of 
the minister there, excepting those of Oyster River, who 
by consent & agreem* w'^ the town were settled as a dis- 
tinct Parish, & to pay their own minister, & those of 
Bloody-point, who were made a parish by .the Goverm* by 
the name of Newington. 

Tho. Pliipps, pr. ord^ 
Toted a consent by the house of Representatives. 

Sam' Keais, Clerk. 
Messrs. Benj" Gambling & Richard Waldron this day 
took the oathes in y® room of the oathes of Allegiance & 
Supremacy, & Received, each of them, a warr* from his 
Excellency the Gov'', Mr, Gambling, for toleing of horses, 
& Mr. Waldron for Clerk of the Councill. 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 589 

Province of N. Hampshire. 

At a Councill & General Assembly 
held at Portsmouth, the 27th of April, 
1715. 

Present, 
His Excellency, Joseph Dudley, Esq., Gov'', 
Richard Waldron, ) ^ John Plaisted, ) t7„,,,.„ 

Sam" Penhallo^y, \ ^^^l'^- Mark Hunking, \ ^''^''■' 
Voted, that the thousand pounds in the treasury ordered 
to be Ijurnt, be burnt by the tenth of June next. 
By order of the House of Representatives. 

Sam" Keais, Clerk. 
Consented to by the Councill. 

Tho. Phipps, pr. ord"". 
Richard Gerrish, Esq., was sworn Register to the Court 
of Probates this day. 

Prorogued to Wednesday, the 25th May next. 



[p. 503.] Province of X. Hampshire. 

At a Council & General Assembly 
held at Portsm" by Prorogation, the 
25th day of May, 1715. 
Present, 
Rob* Eliot, ) John Plaisted, ) 

Rich"' Waldron, > Esqrs. Mark Hunking, V Esqrs. 
Sam. Penhallow, ) John Wentworth, ) 

The Committee for receiving the claims and auditing the 
accounts of the Province, brought in & laid y*^ same before 
this board, as followeth : 



590 



PEOVINCE OF NEW-HAMPSHIRE. 



[1715. 



rroviiice of N. Hamp. 

At a Committee's meeting for auditing 
y'' Pro. ace*'' according to adjournment, 
y^ 18tli May, 1715. 
Present, 
Rob* Eliot, ] Richard Gerrish, 1 

John Plaisted, S Geo. Jaffrey, > 

Mark Hunking, ) Theo. Atkinson. ) 

No. 1. Theo. Atkinson, allowed, 

2. Secretary Story, deceased, 

3. Jotliam Odiorne, allowed, 

4. Sheriff Phipps, 



£3: 


8 


8 


30: 








15: 








27: 









75 : 8 : 8 



May 19th. Mett according to adjournment, p'st all ye 

Com*'^''. 
No. 6. Maj'' Smith ace', allowed, 

6. Daniel Greenough's, allowed, 

7. Sam^ Penhallow, Esq., allowed, 

8. Tho. Packer, allowed, 

9. Tho. Packer, allowed, 

10. AYill"^ Fellows, allowed, 
Tho. Phipps, allowed by Gov"" & Council, 

11. Tho. Packer, allowed, 
The setting of this Committee, each five days, 
Messrs. Penhallow, Thing, Ilunking, Plais- 

sted, & Atkinson, each two days on Com' 

12. Sam^ Hart's ace', allowed. 



£257: 12: 5 
[p. 504.] May 19th, 1715. 

The sundry accounts w"'in Written, am°ing to two hundred 
fifty seven pounds, twelve shillings & five pence, being examined, 
are allowed as Just & Due to the claimers. 

Mem". Omitted untill y« 25th May. 
No. 13. Maj. Smith, £1: 1: 

14. James Cate, 0: 12: 

The sum is two hundred fifty-nine pounds, five shillings, 5d. 

John Plaisted, 
Mark Ilunking, 
Eichard Gerrish, , 
Joseph Smith, [ 

Theo. Atkinson, 
Geo. Jaffrey, J 



£3: 


14: 





0: 


15: 





26: 


0: 





45: 


11: 


10 


51: 


8: 


1 


6: 


10: 


4 


4: 


10: 





30: 


14: 


6 


s, 9: 


15: 





5- 


10: 





0. 


15: 






Com*''^ 



171.5.] JOURNAL OF COUNCIL AND ASSEMBLY. 591 

This Acc* was read & sent down to the house of repre- 
sentatives. 

May 25th, 1715. 

Past liy the House of Representatives, Eodem die. 

Sam}^ Keais, Clerk. 
Allowed by the Councill. 

Rich*^ Waldron, Con. Cleric. 

Ordered, That the Clerk write the Gov"" & send a Copy of 
the Publick Accounts returned by the Committee, praying 
orders for paym* of the debts accordingly, & that the As- 
sembly stands now adjourned to Fryday, the 10th of June 
ensueing. 

Adjourned to Fryday, the 10th o f June next ensueing. 



[p. 505.] At a Council & General Assembly 

held at Portsm°, the 10th June, 1715, 
by adjournm'. 
Present, 
Robert Eliot, ) John Plaisted, J 

Richard Waldron, S Esqrs. Mark Hunking, > Esqrs. 
Sam. Penhallow, ) John Wentworth, ) 

The Assembly being adjourned to this day in ord'' to burn 
a thousand pounds in Pro. bills, but the treasurer inform- 
ing that the Constaliles are considerably behind hand in 
bringing in their rates, & that those bills lately lirrmght in 
are .mostly other Prov. bills, so that 'twill take up time to 
Exchange them, It is therefore thought meet to adjourn y'' 
Assembly, & accordingly y*^ Assembly stands now 
Adjourned, to Thursday, the 14th July, next ensuing. 



602 PROVINCE OF NEW-HAMPSHIRE. [1715. 

Pro : of N. Hamp^ 

At a Councill & General Assembly 
held at Portsm°, July 14"', 1715. 
Present, 
Richard "Waldron, ) j^ John Plaistcd, ) -r. 

Sam' Penhallow, \ ^^'^^' Mark Hunking, j ^"^^• 

Adjourned to Thursday, the 28"' July next ensuing. 
So far gone to England, 
together w'^ y*' two Acts made in April last. 



[p. 506.] At a Councill and General Assembly 

held at Portsmouth by adjournm', July 
28% 1715. 
P'sent, 

Richard Waldron, ) y , John Plaistcd, ) -p., „ 

Sam' Penhallow, ) ^' Mark Hunking, J *^" 

John Wentworth, Esq. 

Voted, That Mark Hunking, Esq., joyne w"' one to be 
chosen pr y*" House of representatives to make tale of y° 
Province bills brought in by Mr. Treasurer Penhallow, to 
be burnt, & see the same Execvited. 

The House of Representatives have chosen Capt. Josh. 
Wingate to joyn with Mark Hunking, Esq., for y*^^ service 
aboves'^ 

P'suant to the above vote Mark Hunking, Esq., & Capt. 
Joshua Winget reported unto this board upon oatli, that 
they received of Mr. Treasury Penhallow the sum of eight 
hundred sixty-five pounds & one shilling, in the Bills of 
this Province, w*^^'' s'^ Bills were this day committed to the 
flames & burnt in view of the Councill & Assembly. 

Adjourned to Thursday, y'^ 11*" August next ensuing, 10 
o'clock, A. M. 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 593 

[p. 507.] At a Couucill & Gcn^ Assemljly held 

at Portsmouth, Sept"" the 8"', lli"). 
Present, 
The Hoii'ble John Usher, Esq., L' GoV, 
Robert Eliot, ^ Sam' Penhallow, ) 

Nath' Wear, [ Esqs. John Phiisted, [ Esqs. 

Rich^* Waldron, ) Mark Hunkhig, ) 

John AYentwortli, Esq. 
Mr. Sheriff Phipps was sent down to call the Assembly 
to this board, who accordingly came, w'' his lion'' y'' Lieut. 
Gov"" ordered to be read to them his Commission, also his 
Speech to y*^ Councill in Feb^' last, & his p'sent Speech, to- 
gether w"^ a memoriall out of the Councill book (it being 
one paragraph of his honour's speech to y*^ Councill, y® 2*^ 
Aug^', 1714,* relating to his great charge & Expence in 
y^ ser^ace of this Province, w"'out any consideration there- 
for, w*^'^ s*^ Memoriall w"^ y*^ s'^ two speeches were delivered 
to y*^ Assembly to be more considered of. His Hon''^ p'sent 
speech read to y'' Councill & Assembly was as follows : 

Pro : of New Ilanip"". 
Geut", Couii'% Representatives hi Ocu^ Assembly Convened : 

In Jiui>' last a Proclamation for all jr sons Civill & Military con- 
tiime in their respective offices. On y*^ 7"^ Feh^ w"^ leaving- Pro:, 
left Instructions relateing the Pro: Copy thereof now p'sent to 
w*^"^ referr. Since my Departure out of Goverm' received no ace' 
State Pro : An Act Parliam' made 6"' year late Queen Ann, In- 
tituled an Act for y*' security her Maj" ties p'son & Goverum' & of 
the succession to the Crown Great Brittain, in the Protestant line, 
for taking oaths as in s*^ Act required & Continuance all p'sons 
for six months as by s*^ Act sett forth. 

Proclamation King George, 22*1 Novemb"", 1714, declaring his 
j^jgjnies Pleasure for continuing his Maj"'*^^^ officers in his Maj"''*^ 
Plantations till his Maj"'*^^ Pleasure be further Declared. 

On 23^ Sept. last in this Goverm' I published Proclamation 
King George accession to Crown great Brittain; did then and 
there take oaths as by Act Parliam' required; Judge y'^ Go verm' 
by virtue my Commission & takeing the oaths Invested in myself, 
w*^'^ Commission communicate to you. 

* See Council Records of Aug. 2d, 1714, vol. 11, p. 662, 
38 



594 PROVINCE OF NEW-HAMPSHIRE, [1715. 

[p. 508.] ^Vlieii come into Province Issued out ore? for you 
Geut" this day to meet for sei-vice Crown & Governm' ; Acquaint 
you liis Excellency Gov"" Burgess is commissionated to be Gov"^ 
this Province ; hitest acct. from great Brittain in a short time he 
may sail ; after then his arrival here may speedily be expected, 
now y'fore came, Recommend to you (viz.), 

liaising- mony for Discliarge Debts of the Province ; mony to 
defray charges of an hon""'^ receijtion of his Excellency Gov"^ Bur- 
gess into Province, & provide a house for entertainment of him & 
his retinue; Mony for repairing the Fort; paym' souldiers at 
Fort to this time what may be due, & a boat for the Goverment. 

Genl", Many years Invested w"" Commission as Lt. Gov"" of this 
Province, my expences & my charges greatoutof my own Estate; 
find Mr. Partridge in less than a year allowed him eight hundred 
j)Ounds charge of a Commission no more than mine granted in 
year 1703. Considering my great Expence & time in & for the 
Prov., reeorameud to you granting y^w'^'^maybe hon"''^ to Crown's 
Commission. 

Aug*'', 1714, laid before Councill an allowance for my comeing 
into Province several times as by minute s*^ Council ; nothing 
tlierein Done. 

P'suant to an Instruction propose an act be i^ast in Assembly 
w'by Creditors of p'sons becoming banckrupt in England & hav- 
ing Estates in IST. Hamp"" may be relieved & satisfycd for Debts 
owing to them. 

While I am in Prov : shall readily Act & consent to anj^ thing 
w"^^ may be oftered for service crown & Government. 

Joiix Usher. 
Adjourned to 12 o'clock to-morrow. 



Province of N. Hamp. 

Mett again according to adjorm*, being 
the 9"^ instant. 
Present, 
Natli' Wear, ) ^ Jno. Plaisted, ) ^ 

Sam^ Penhallow, \ ^^'^^' Mark Hunking, \ ^^*1^- 
Mr. Treasurer Penhallow brought in his Acct. & laid the 
same before this board, w'^'' was Immediately sent down to 
y° house of Representatives. 
Adjourned to 2 o'clock, p. m. 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 595 

[p. 500.] Province of New Hamp''. 

Mett again according to adjournm*. 
Present, 
The Hon'"« Jno. Usher, Esq., 
Natli' Wear, ) John Plaisted ) 

EiclV' Waldron, \ Esqs. Mark Hunking, [ Esqs. 
Sam' Penliallow, ) John Wentworth, ) 

His Honour the L' Gov' intimated to this board that he 
was very desirous of knowing the true state '& condition of 
this Province, & y' in order thereto, it was necessary that 
the Collector of the Duty upon lumber should bring in ac- 
counts. The Council concurred vf"' his honour's opinion 
in that matter ; and accordingly Jno. Plaisted, Esq., was 
sent down to notify the Assemjbly of the opinion of this 
board & Inform the s'^ Collector accordingly. 

Sam' Penhallow tfc Jno. Plaisted, Esqs., together with the 
Clerk of the Councill, were appointed to qualify Capt. Nich" 
Gillman to be a memb'' of the House of Representatives,* 
by administering y° Oathes, instead of the Oathes of alle- 
giance & supremacy, unto him, the s'^ Gillman, w^*" was ac- 
cordingly done. 

Adj'' till to-morrow, 10 o'clock, a. m. 



Pro. of N. Hamp^ 

Mett again according to adjornm*, 
being y^ 10*'' instant. 
Present — Ut Supra. 
The Clerk was sent down from y*" Councill boarde to y** 
house of representatives to enquire whether they had any 
thing to offer to this board; they answered, They had noth- 
ing to offer at Pres*, but in the afternoon they should have 
something to present. 

Adjourned to 2 o'clock, p. M. 

*3Iemoranilum. That Capt. Nicklas Gilman was Qiiallified an a memlber of tlie 
house according to law. — Journ. House, Sept. 9th, 1715. 



596 PROVINCE OF NEW-HAMPSHIRE. [1715, 

Province of N. Hamp. 

Mett again according to acljorm*. 
P'st — Ut supra. 

The Committee appointed to view j'' Fort at N. Castle, 
And to make report of the state [p. 510.] thereof, made y 
return to this board, w*^^' being read was sent down to y° 
house of representatives. 

Sam' Pcnhallow, Esq., was sent down to the house of rep- 
resentatives to Enquire whether they had any thing to offer 
to this board ; they answered they were just now sitt down 
to Debate matters & had not as yet resolved any thing. 

Adjourned to Monday, 2 o'clock, p. m. 



Province of N. Hamp^ 

Att a Councill & gen' Assembly held 
at Portsmouth, Sept. 12*'', 1715, by 
adjornm*. 
Present, 
Nath' Weare, ) John Plaisted, ^ 

Rich'' Waldron, > Esqrs. Mark Plunking, V Esqrs. 
Sam' Penhallow, ) John Wentworth, ) 

Coll. Shadrach Walton's Account from March 2G"\ 1715, 
to 7'^'" 7'", 1715, for y° Fort Will'" & Mary, was read at this 
board, & sent down to the house of representatives. 
Adjourned till to-morrow, 10 o'clock, a. m. 



Province N. Hamp''. 

Mett again, according to adjournment, 
being the 13"' instant. 
Present, 
The Honourable Jno. Usher, Esq., Lt Gov'', 
& cetera — Ut Supra. 
Sam' Pcnhallow, Esq., was sent down to the house of rep- 
resentatives to Enquire whether they had any thing to offer 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 597 

to this board ; They answered, there were several of their 
house absent, and y* y° matters were still in debate. 

Mr. Sam' Easman was sent from the honse of represen- 
tatives to this board, w*** their answer to his Hon"^ the Lt. 
Gov" Speech, w'^'^ was read, as followeth : 

May it please yo'r Hon^r^ — 

We have read k consid'red yo'' Hon''^ Speech to us this 
session, [p. 511.] The Province accounts are generally 
made up once in the year ; they were so done in March 
last, & provision taken for paym' of the Debts. 

^Ve have p'rused the Treasurer's Estimate of the Pro. 
affairs, and thereby find no money in the treasury. 

"We expect w" his Excellency Gov. Purges arrives in the 
Massachusetts Goverm*, there will be time enough for our 
Preparation for his reception here. 

There being formerly an ord'' of Councill about a Ijoat for 
the King's Fort, & there being one now built, suppose that 
may answer for that service. 

12"' Sept., 1715. By order of y'' house of representatives. 

Sam^ Keais, Clerk. 

The above Answer (to his Hon" Speech) being read at 
y* Councill board, was sent down to y® house of represen- 
tatives for amendm' of that paragraph relating to y® boat 
for his Maj'ties fort Wm. <fe Mary. 

Adjourned to 2 o'clock, p. m. 



Prov. of N. ^amp^ 

Mett again, according to Adjourn*. 
Present — As Before. 
A late Act of the Goverm* of the Massachusetts, Entituled 
An Act for granting unto his Majestic several rates & Du- 
ties of Impost & tunnage of Shipping, being read at this 
board, was sent down to the house of representatives by 
Sam' Pcnhallow & Jno. Wentworth, Esqs., to be by them 
recommended to y"^ Consideration. 



598 PROVINCE OP NEW-HAMPSHIKE. [1715. 

Capt. Winget was scut up w"^ two votes from the house 
of reprcseutatires, w'^'^ were read at this board, as follows : 

Voted, That if his Excellency Gov'' Burges should arrive 
in this Pro. before he doth in the Massachusetts Gov'rm*, 
the Treasurer be desired to make preparation for his recep- 
tion. 

[p. 512.] Voted, That Coll. Walton be allowed six 
pounds pr. annum for the use of his boat for lier attendance 
on the Goverm* & Fort; he finding Oars, sails, &c., & 
always keeping her in repair. 

By Ord'' of the House of Representatives. 

13*^ Sept., 1715. Sami Keais, Clerk. 

The Councill consent to the w'''in two votes. 

R. Waldron, Con. Cleric. 

John Plaisted, Esq., was sent down to the House of rep 
resentatives, to Enquire whether they had any thing further 
to offer. They answered, They had not at present. 

Adjourned to 10 o'clock to-morrow, a. m. 



Mett again according to adjornm*, 
being y^ 15"' Instant. 
Present, 
The Hon"'« John Usher, Esq., Lt. GoV, 
Nathaniel Wear, ) -p Sam^ Penhallow, ) ^ 

Rich'' Waldron, ( ^^^l'*- John Wentworth, j ^^^i^' 

Rich'' Waldron, Esq., was sent down to the house of rep- 
resentatives from his HonMheLt.Gov'', to Inform them 
that he took their silence respecting the latter part of his 
Speech to be their Answer ; And to Desire them to come up 
to this board. They accordingly came, when was read to 
them his Hon"^ tlie Lt. Gov'''' speech, as follows : 

Genfn, — In my Speech recommended to you, gave reason for 
my coming into Pro., w'^'^ was to Enquire into state y''of, & takeing 
care for an lioii^'''^ reception Gov"" Burges; did apprehend very PP 
[properly?] this Assembly to have chosen two of each house to 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 599 

have waited on liis Excellency Gov'' Burgcs upon his arrival, to 
congratulate & give invitation into Pro. ; but you Judge time 
enough his arrival. Find by Assembly that by treasurer's ac- 
counts no mony in treasury; by ace', 28'! April, 1715, 118: 4: 8; 
since which [p. 513.] neither Gov"" or Lt. Gov"' in Province, gftve- 
iug myself, to sitt in Council, & no mony to be Issued out but by 
order Gov- in Councill ; likewise 250"* for Lumb"^ not brought to 
account ; so answer to my speech as to revenue a mistake. 

Gentrn,— As by my speech signifyed Goverm' Invested in nic, 
& untill his Excellency Burgess arrives or some further orders 
from Crown declared, expect to receive Account state Province; 
shall, as occasion require, on notice readily come into Go verm', 
sufferiug in p'son & Estate in service Govm', my Estate sutieriug 
by reason my absence. - Not knowing any matter moment for your 
proceedings, I do Dissolve you, & in his Maj'''=^ name you are Dis- 
solved. 

15* Sept., 1715. JoHX Usher. 



Pro : of N. Hani}/. 

At a Councill & General Assembly 
held at Portsm" Novemb-- 8"', 1715. 
Present, 
The Hon'^l'^ Geo : Vaughan, Esq., Lt. Gov^,* 

5^^^^w'*i*'. } T^ John Plaisted, } ^.^ „^ 

Rich;Wadron, Esqrs. Mark Hnnkmg-, \^''^''- 
Sam' Penhallow, ) "=' ^ 

Sam' Penhallow & Mark Hunking, Esqs., together w^ y*^ 

Clerk of the Councill, were sent from this board to y'' 

house of representatives to administer y° oathes appointed 

by law, instead of y° oathes of Allegiance & Supremacy, 

unto y° Gen'" chosen by y- several towns in this Pro : to 

representy" in y*" g' & General Assembly of s'' Province, viz : 

* See notice of Lt. Gov. Vaughau, Gouucil Kecords, note, Vol. II.— a .spee«h to 
tlie Council, pp. 6S0— 681. 



600 PROVINCE OF NEW-HAMPSHIRE. [1715. 

r Rich'i Gcrrish, ) t r^ • ^ 

n T a- f T> i. o James Davis, t>. 

Geo. Jattrev, > 1 ortsni". r, i m-i i x Dover 
•^ ' ' banr libbcts, \ 

John Dam, Newinc'ton. 



Rich'' Wibirt, 



Messrs. < 



Jos. Smith. 



Hamp". S™:,T'>;"g: 



Sam. Easman, Kingston. 
New Castle. 



Sha^^ Walton, 
^ Theo. Atkinson, 

[p. 514.] The Clerk was sent down to y* house of repre- 
sentatives to desire them to walk np into y° Council Cham- 
ber. Yy [they] came accordingly, w'" his hon'' y** Lt. Gov'' 
told them y* as they were now qualifyed by Takeing y'' 
oathes, &c., so he desired them to settle their house & then 
make return of their Speaker, in ord'' to proceed in y° ser- 
vice of y*^ King & Goverment. The House of representa- 
tives departed y" Council Chamb''& quickly returning again 
Presented Rich'^ Gerrish, Esq., their Speaker ; who was well 
accepted. 

Ordered, That Thursday, y*^ IT"' of this Inst. November, 
be observed as a day of Pubiick Thanksgiving, throughout 
this Province, k that y® Clerk Issue out Proclamations 
accordingly. 

Adjourned to to-morrow, 9 o'clock, A. M. 

*From Jouni. of the House, Nov. 10, 1715. "The House being informed that 
JSIr. Jabez Dow is at this present time a Constable in the Town of Hampton, and he 
owning himself so to be, is thought a person unqualifyed, and therefore by order of 
tlie Houie, he is dismissed, and a notification sent to the Town of Hamptcn, to choose 
one in his Room, that may be qualifyed." 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 601 

Pro : of N. Ham|/. 

Mett again according to adjorm*, being the O"-' Inst. 
Present, 
The Hon'"'^ Geo. Yanghan, Esq., Lt. GoV, 
Eob' Eliot, ) Jolni Plaisted, ) ^ 

Rich^^ Wakh-on, [ Esqs. Mark Hunking, \ ^^^^' 

Sam^ Penhallow, ) 

James Davis, Esq., was sent to this Board to inform y* 
there was a full house of representatives. The Clerk was 
, sent down to y° house of representatives to call them to y° 
Councill ])oard, who came accordingly, w'^ was read to them 
his hon"" y*^ Lt. Gov''^ Speech, & then delivered to them, to 
be more fully considered of. 

[Speech of Lt. Gov. Vauglian, copied from Journal of the House, May 9, 1715.] 
Gentlemen, — 

The knowledge I have of y" Extraordinary abilities and long- 
Experience of his Excellency y« Gov"" & y^ Hou"'= the Lt. Govr 
who for many years have filled that place, makes me anxiously 
solicitous to use all Dilligeiice, that I may not be wanting in my 
Duty to y"= Crown, & to promote the wellfare and prosperity of 
this his Majestie's Province. 

Wee have (Blessed be God for his Divine favour) full assurance 
of y happiest Estate of y« British Monarchy, which hath been 
Miraculously Exterpated from Desolating Kuine devised by Con- 
spiring Monsters, both at home and abroad* ; And we are now 
reaping the advantages of the King's Majestie's wise & just ad- 
ministrations, who hath Preseryed us our Religion & Properties, 
& confounded all the machinations of Rebellious Impostures. 

It remains that wee manifest our Duty & aflection for his Maj- 
estie's Sei-vice & Goverment in this Small & Poor Province ; that 
we care for the general good of liis good subjects here, by 
establishing wholesome Laws to Suppi-ess Vice & Encourage Vir- 
tue, and enforce y'^ due Executiou of them; in our Respective 
Places to lead & prompt all persons whatsoever in doing their 
duty to their superiours, which tends much to the establishment 
of good Goverment; to which Purpose I shall readily, Avhile I 
have the Honour to hold my station, adhere to your Council & ad- 
vice, to give countenance to the virtuous and well disposed, but 
my Endeavours for the Punishment of all guilty olienders. 

♦This has refereuce to the overthrow of the conspiracy and rebellion in England 
to place the " Pretender " on the throne. See History of England, 1715. 



602 PROVINCE OF NEW-HAMPSHIRE. [1715. 

I tliiiik it proper to put you in uiiiul of y*" miserable estate of y« 
Castle, that due care be taken for its Repairs, and y' it may be 
done as seasonably as the Spring will admit. 

The Deficiency of y" Goal which is uncapable of holding the 
lOng's prisoners, through its defects & improper situation. 

It is necessary for you to see the money ordered to be burnt, by 
June last, be now committed to y'^ flames, and that you be satisfied 
about tlie monej' which was borrowed out of the Treasury. 

I pray you to give proper Directions for an honourable Recep- 
tion of Coll. Burges, our Gov'', when he shall come among us, and 
to iiominale and Desire proper Pei'sons to congratulate and pay y^ 
DutifuU Respects of this Goverment when it shall please God to 
bring him into this Country. 

Tlie necessity of having An Assembly hath occasioned such a 
speedy convention: Avhat is now needful maybe considered & 
despatched, for j)robably the arrival of Gov"" may occation another 
session ; and it is my hope and desire, that no former Disagree- 
ments or Difl'erences whatsoever may put us out of y'^ way of our 
Duty to y" Crown & Goverm*. but rather, that our past Conten- 
tions may make us more Desirous of our own and all our neigh- 
bors' Peace and Tranquillity. 

Geo: Vaughan. 

. {}^' &">, 1715. 

[p. 515.] James Davis, Esq., brought up y" following 
vote from y° house of representatives : 

Prov : N. Hanip^ 

Voted, Mr. Wibert & Capt. Peter Wear, he a Committee 
of the house to joyn w*'' such as may be chosen of y*" Coun- 
cill, to view y*" Prison & make report to y*" Gen^ Assembly 
of w* is proper to be done for securing prisoners. 

9"! Nov. 1715. Past by order of y'' house of representa- 
tives. 

Theo. Atkinson. 

The Councill concur with y^ above vote, & have accord- 
ingly chosen Robert Eliot & Mark Hunking, Esqs., to joyn 
-^ui ye ggj;itn afores*^ for y*^ service aboves'^ 

Pr. ord'' of Councill. 

R. Waldron, Cleric. Con. 

Adjourned to tomorrow, 10 o'clock, a. m. 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 608 

Pi'ov : of N. Ilamp'". 

Mett again according to adjoiirnm*, 
being y" 10"' inst. 
Present, 
The Hon'"'*^ Geo. Yaughan, Esq., Lt. Gov% 
RoV Eliot, \ ^^^^^ Sani^^Penliallow, j ^.^^^^ 



Rich'' Waldron, ( ^''^'^' Mark Hunking, 

Sam^ Penhallow & Mark Hunking, Esqs., together w*^ y® 
Clerk, were sent down to y'^ house of representatives w**' a 
letter superscribed to the Hon*'''" y*^ Gen' Assembly of this 
Province, subscribed by John Usher, Esq., also to be read 
to y™ y'' Minutes of Council relateing to the Publication of 
y® Hon''''"' Geo. Vaughan, Esq., his Commission to be Lt. 
Gov'' of N. Hampshire. 

[p. 516.] Messrs. Joseph Smith & Rich'' Wi'iert were 
sent up to this board to pray y"^ Lt. Gov''^ favour, in allow- 
ing y** house of representatives a sight of his Honour's 
Commission. 

The Clerk was sent by the Hon"''« Geo. Yaughan, Esq., 
Lt. Gov'', to y® house of Representatives, with his honour's 
Commission & ord'' to read the Same publickly, in said 
house, which was accordingly done. 

Col. Shadrach Walton was sent from y"^ house of repre- 
sentatives to y*" Councill board to declare, in y'^ name of 
that house, that they were nnanimously of opinion, y* y^ 
Hon"''° Geo. Yaughan, Esq., his Commission to be Lt. 
Gov'" of N. Hamp'' was authentic & strong, & y^ Coll. Ush- 
er's was null & void. 

Col. Shadrach Walton brought the following vote to this 
board : 

Yoted, That Col. Walton & Capt. Davis joyn w'" two of 
y^ Gent" of the Councill, to wait on Col. Usher in answer to 
his letter, that we are satisfyed in Lt. Gov'' Yaughan's Com- 
mission for y*" Goverm' of this Province. 

Pr. Ord'' of y® house of representatives. 

10^'^ Nov., 1715. Theo. Attkiuson, Cleric. 



60-1 PROVINCE OF NEW-HAMPSniRE. [1715. 

The Councill concurr with y'' above vote, & have chosen 
Rob* Eliot & Samuel Penhallow, Esq., accordingly. 
Pr. Order of Council. 

R. Waldron, Cleric. Con. 
Adjourned to 3 o'clock, p. m. 



[p. 517.] Pro. of N. Hamp^ 

Mett again according to adjornm*. 
Present — As Before. 

Mr. Sam' Tibbets brought a lett'' to this board, directed to 
y*^ Gen' Assembly, from John Usher, Esq., w^** being opened 
& read, was sent down pr. y'^ Clerk to y*" house of rep- 
resentatives. 

The Clerk was sent down to y° house of representatives 
to inquire whether y^' had anything to offer to y® Councill : 
they answer, not at this Juncture. 

Adjourned to to-morrow, 10 o'clock, a. m. 



Pro : of X. Hamp"". 

Mett again according to adjornm*, 
being the 11^'' Inst. 
Present, 
The Hon'^'*^ Geo : Vaughan, Esq., Lt. Gov"", 
Rol)* Eliot, ) y Sam' Penhallow, ) ^ 

Rich'' Waldron, j ^^^^- Mark Hunking, j ^^*1^' 

Mr. John Dam brought up a vote from the low'' house to 
this board, appointing Col° Walton to be of a Committee to 
make tole of y*" money remaining unburnt, w'"'' was sent 
down for amen dm'. 

Mr. John Dam brought up a vote from y"^ house of repre- 
sentatives, to allow y** memb'* of his Maj"''^ Councill four 
shillings a piece pr. diem, during y** Session of the Generall 
Assembly. 

[p. 518.] Theo. Atkinson, Esq., brought up y^ following 
answer to y'^ hon""'" Lt. Gov" Speech : 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 605 

Att the last Session of y'' Gen' Assembly, a Committee 
was chosen to view the Fort at New Castle, and make Re- 
turn of y° circumstances thereof, and according to their 
Return we shall proceed thereon. 

"Wee have chosen a Committee to look into y*" Defects of 
y'' Prison, and shall act y° neodfull upon their Return. 

Wee appoynt Coll. Walton in y'' Room of Mr. Wingate, 
to sec the Remains of Pro : Bills burnt ; and order it to be 
done forthwith. As to the 1500 pounds left with a Com- 
mittee to be let out, wee are satisfyed that they have done 
it and taken sufficient Bonds for the security thereof, and 
order them to be left in y'* Custody of the p'sent Speaker of 
this House, Rich'^ Gerrish, Esq. 

Wee are Informed that his Excellency, Coll. Burges, will 
not be here this winter : So conclude it may seasonably 
enough to make Provision for his Reception at y" next Ses- 
sions of y'' Gen^ Assembly. 

By ord'" of y° House of representatives. 

11*'^ Nov., 1715. Theo. Atkinson, Clerk. 

[p. 519.] Rob' Eliot, Esq., was chosen of a Committee 
from this board to joyn with Col. Walton to make tale of 
y° remaind'' of y'' Prov : bills Voted to be burnt by y° tenth 
of June last; who accordingly did tell over s*^^ Bills 
amounting to one hundred thirty-four pounds, nineteen 
shillings, w"^"^ w"* what was burnt before, is the full sum of 
one thousand pounds ; & w*='' were committed to y'' flames 
& burnt in p'sence of s'' Committee & the Assembly. 

Richard Waldron, Esq., was sent down to the house of 
representatives to desire y'' house to explain y"'selves in 
these articles contained in y'' answer to y° hon"*^ y^Lt. 
Gov'" speech : viz., ab' y'^ Committee for viewing y° Castle ; 
ab' y*" Prison ; & ab' y'' bonds taken for the fifteen hundred 
pounds. 

The following Petition being Presented to this board by 
Messrs. Nath. Hill and Stephen Jones, was read in Councill 
as follows : 



606 PROVINCE OP NEW-HAMPSHIRE. [1715. 

To the IIoii'''<' Geo. Vaughau, Esq., Lieut. Gov"", Councill & rep- 
resentatives, convened in General Assembly : Tlie Humble Pe- 
tition of his Maj'ties good subjects, y" Inhal)itants of that part 
of the town of Dover commonly called Oyster river, 
Most humbly shcwetli : 

Whereas by mutuall agreem' the Inhabitants of Oyster River 
have, for many years past, made choice of their own Minister & 
paid his sallary, accordin.g to y" conditions of s'^ agrcem' as it ap- 
pears in Dover toun boolc of records, reflerence thereto being had, 
& that y*^ selectmen of y^ toun in generall, (two whereof have 
been annually chosen w*'^in y'' district of Oyster river) have all 
along made rates for y*^ severall ministers & taken care that the 
same be paid to [p. 520.] y" s'' ministers according to the sailaries 
they have been agreed w"* for, untill of late, (viz.) y^ hist j-ear's 
rate is either by y'= neglect of y'= Constable or y" selectmen, or 
both, so retarded, that y'' minister wants subsistance ; nor can we 
understand that y^ selectmen have or are ab* to make any rate this 
year for y"^ minister ; so that, either some few of us must maintain 
a minister or we must be w^'out one & return to Dover again, w'^'' 
was tliought a hardship more than forty years ago; «fc a liberty 
gi-anted as above ; & much more hard will it be now we are in- 
creased to double the number we then were; so that we most 
humbly pray yo'' Hon" will please to send for y^ Constable & se- 
lectmen to answer for y'' neglect as above, & that we may have 
pow'' granted us, as yo'' Hon™ were pleased at first to grant unto 
y^ Parish of Newington, (viz.) to chuse three or five p'sons annu- 
ally, w*^*^ being clioseu by a majority of voices present at such 
election, may assess & tax y'= Inhabitants of our s'^ Parisli propor. 
tionably iu a rate for y*' discharging such a sallary as the Parish 
shall agree to settle upon any minister of the Gospell that we at 
p'sent have, or hereafter may be fixed amongst us ; Lilcewise, that 
we may have pow'' to choose & settle a schoolmaster upon such 
terms as we shall agree, w"'out any other regard to the town in 
generall than that y" Constable annually chosen at the general 
town meeting for collecting y" Prov: tax in our district, may also 
collect our Parish dues ; And yo"^ Petitioners shall ever pray, as iu 
Duty bound. 
Presented by Nath. Hill iu behalf of y*' subscribers. 
Jeremiah Burnham, Elias Critchet, jun., 

Steplien Jones, James Nock, 

Elias Critchett, John Tompson, 

Sampsoii Doe, [p. 521.] Joseph Jones, 

Joseph Dudley, John Chesley, 



1715.] 



JOURNAL OF COUNCIL AND ASSEMBLY, 



607 



John Buriiham, 
David Davis, 
Abraham Beunick, 
John X Gray, —mark, 
Joliii Eawliiis, 
James Bickforcl, 
Sam' X Perkins, — marlc, 
Will"' X Duly,— mark, 
John Doe, 
John York, 
Joseph Chesley, 
John X Cromell, mark, 
John Buss, jun., 
Philip Chesley, 
Joseph Davis, 
John Toinpson, sen., 
John Smith, 
"\Yill™ Jackson, 
David Kincaid, 
Jonathan Chesley, 
Volentine Hill, 
Ichahod Chesley, jun., 
Thom^ Alin, 

The foregoing Petition being read at y" board, was sent 
down by y*^ clerk to y" house of Representatives. 

Theo. xVtkinson, Esq., p sented a Memoriall to this board 
relating to the takeing bonds for y*" fifteen hundred pounds 
subscribed by y* Committee appointed to lett out s'' mony. 

Adjourned to to-morrow, 10 o'clock, a. m. 



John X Sias, — mark. 
Job Renholds, 
Sam' Chesley, jun., 
Sam' X Chesley, — mark, 
Cornelius Drisco, 
Rob' Burnham, 
Peter Mason, 
Jon'^ Simj)Son, 
Eob' Tompson, 
Sam' Hill, 

John X Renalls, — mark, 
Josh'^ X Davis, — 
Moses Davis, juu., 
Will'" Leathers, 
Francis Pitman, 
Ely Demeritt, 
Naphlati Kincaid, 
James Jackson, 
Tho : Wille, 
James Burnham, 
Rob' Huggins, 
Jon^ Woodman. 



[p. 522.] Pro. X. Hamp'-. 

At a Councill & Gen^ Assembly held at 
y^ Council Chamb'" in Portsmouth, by ad- 
journmS Nov 12"\ 1715. 
Present, 
The Hon'^^« Geo Yaughan, Esq., Lt. Gov^ 
Rob^ Eliot, ) ^ Sam' Penhallow, | ^ 

Rich'^ Waldron, \ ^*^''' Mark Hunking, \ ^^'^'^' 
Mr. Speaker Gerrish came to this board & brought w"" 



608 PROVINCE OF NEW-HAMPSHIRE. [1715. 

him several bonds, given by y'' borrowers of the fifteen 
hundred pounds out of the treasury, & informed his hon'' 
that ye house of representatives was well satisfied Avitli y° 
security given for s'^ mony & y*" lodgm* of s'^ Bonds. 

Messrs. James Davis & Peter Wear came from the house 
of representatives to this board, to declare, in y*^ name of 
that house, that they w^ere unanimously satisfyed in y® dis- 
posall of y" fifteen hundred pounds lent out of the Treas- 
ury. 

James Davis, Esq., brought up a vote to this board rela- 
ting to Oyster river Petition, w*^^ was sent down for 
amendm'. 

Mr. Geo. Jaffrey brought y" following Petition to this 
board. 

To the Hon'^>° y'^ Lieut. Gov^' & Councill :— 

Whej-eas there is a report y' a Compl^' is mnde ag*' y*' 
legality of the choice of the representatives of the town of 
N. Castle ; w°'^ severall of this house is dissatisfyed att, & 
desire to be informed thereof. 

By order of y*^ house of representatives. 

12 Nov'-, 1715. Theo. Atkinson, Cler. 

[p. .32o.] The foregoing Petition being read in Councill, 
the Clerk was sent down to the house of reJDresentatives to 
Inform them, y* y° Lt. Gov'' & Councill did not att p'sent 
know any thing of a Compl^ mentioned in y'^ Petition, & 
that when they do, information shall be given accordingly. 

Theo. Atkinson, Esq., brought up the following vote 
from y° house of representatives to this board : 

A Petition Presented pr. Capt. Nath. Ilill from sundry 
inhabitants of the Parish called Oyster river, upon reading 
Baid Petition, — 

Voted, That y^ selectmen of Dover & y'' Constable of 
that district called Oyster river be notifyed to attend y^next 



1715.] JOURNAL OF COUNXIL AND ASSEMBLY. 609 

session of y*^ Geu^ Assembly, & some of y° Petitioners ap- 
pear likewise, w"' y'' town records relating to s*^ Parish. 

By order of y'' house of representatives. 

11"' Nov., 1715. Thco. Atkinson, Cleric. 

Eodem die. 

Voted a concurrence in Councill, & ordered that y" clerk 
send a copy of s'' Petition to y*^ selectmen of Dover, to- 
gether w"^ a summons to y™ y*" s'' selectmen, & to y" s'' Con- 
stable abovementioned, to make y'" appearance at the Coun- 
cill board on Monday, the 28'^ inst., to answer y'' Compl* 
exhibited ag"' y™ in said Petition. 

By order of Councill. 

R. Waldron, Cleric. Con. 

[p. 524.] The Clerk was sent down to the House of re}> 
resentatives to desire them to come up to y° Councill lioard, 
in ord'' to have a Conference ab' y*" goal : They came ac- 
cordingly, when his hon'' the Lieut. Gov'' informed them of 
the great difficulty of Amending y*" goal, by reason of y° 
unsuitableness of its situation, & gave his opinion y*^ 'twas 
absolutely necessary y' y** said goal should be removed. 

Theo. Atkinson, Esq., brought up a vote from y® house of 
representatives relating to y'^' removeall of y'^ goal next 
year (1). 

Mark Hunking, Esq., together w'" y*" Clerk, were sent 
down to the House of representatives by y" Hon''''" y'' Lt. 
GoV, to adjorn y*' s^^ house unto Monday, y« 28"^ of y® 
Inst. Nov"", to which time the Gen' Assembly of this Pro : 
stands adjorned. 

Adjorned to Monday, y'^ 28"' of 9'"', 10 o'clock, a. m. 

(1 ) [From Journal of the House.] 
Voted, TLat the Present Goa": Keniain where it now stands unfill next year; and 
■what is absolutely necessary to secure Prisoners yriu this winter, be forthwith done, 
aud that nest Spring this be removed, or a new one built in some other more con s'en- 
ient place, as the Generall Assembly shall think litt. 
12 Nov., 1715. 

39 



610 PROVINCE OF NEW-HAMPSHIRE. [1715. 

Pro. of N. Hami^. 

Att the Councill Chamber in Portsm*, 
9'^-- 28">, 1715, By Adjornment. 
Present, 
The Hon"*^ George Yaughan, Esq., Lt. Gov'", 
Adjorned to Tuesday, Nov^'y*' 29"', 1715, ten o'clock, a. m. 



[p. 525.] Pro. N. Hamp^ 

Att a Councill & Generall Assembly 
held at Portsm° by adjornment, Nov. 
29'^ 1715. 
Present, 
The Hon"'' George Vaughan, Esq., Lt. Gov"", 
Kobt. Eliot, Sam^ Penhallow, Esqs. 

Adjorned to 2 o'clock, p. m. 



Pro. N. Hamp^ Met again According to adjornment. 

Present, 

The Hon'^''= George Vaughan, Esq., Lt. Gov^ 

Robt. Eliot, ) 

Rich'' Waldron, \ Esqs. Mark Hunking, ) y 

Sam' Penhallow, ) John Plaisted, ] ^ ' 

James Davis, Esq., came to this board from the House of 
representatives, to inform that several the memb''^ of that 
house were absent, (viz.) those of Hampton, Exeter & 
Kingston, and to pray advice thereab*. 

The Lieut. Gov'' & Councill advised that there be forlliw"' 
summons esprest away to y*^ severall memb''® belonging to 
y"^ severall towns afors'', to give their attendance in Gen' 
sessions. 

Adjorned to to-morrow, 10 o'clock, a. m. 



1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 611 

Pro. N. Hamp^ 



At a Coimcill & Generall Assembly 
held at Portsm'' by adjornm*, 9*^^ SO*"^, 
1715. 

Present, 

The Hon''^* George Yaughan, Esq., Lt. Gov'', 

Robt. Eliot, ) -n Sam' Penhallow, ) p 

Rich'' AValdron, \ ^^'^^- John Plaisted, \ ^^'l^* 

John "Wentworth, Esq. 

Adjourned to to-morrow, 10 o'clock, a. m. 



[p. 526.] Pro. N. Hamp^ 

At a Councill & General Assembly 
held at Portsm° by adjornm*, Dec. 1^*, 
1715. 

Present, 
The Hon"'^ George Vaughan, Esq., Lt. Gov% 

Rob' Eliot, ) p Sam' Penhallow, ) p 

Rich'^ Waldron, j ^^^^' Mark Ilunking, \ ^^'l^' 
John Wentworth, Esq. 
Sam' Penhallow, Esq., together with the Clerk, were sent 
down to the house of representatives to administer the 
[oathes] appointed by law instead of the Oatlies of Alle- 
giance and supremacy, unto Mr. Eph™ Marston, thereby to 
qualify him to l)e a memb"^ of that house (1). 
Adjorned to 2 o'clock, p. m. 



Pro. N. Hamp^ Mett again according to adjornment. 

Present — as Before. 
The Clerk was sent down to the house of representatives 

(1) [From Journal of the House.] 
Mr. Eplia. Marston appearing and brought a certificate from Hampton, that he 
was chosen as Kepresentative in the Room of Mr. Jabez Dow. 30 Noy'r, 1715. 



612 PROVINCE OF NEW-HAMPSHIRE. [1715. 

w**" a vote for the speedy printing of the Laws of this Prov- 
ince.* 

Capt. Nath. Hill & Mr. Stephen Jones appeared at this 
board, in behalf of the subscribers of Oyster river Petition. 
The Selectmen of the Town of Dover also made their ap- 
pearance to .answer to the Complaint exhibited ag* them in 
s"^ Petition, as on file, bearing date Dec. 2'\ 1715. 

The Constable complained of in s*^ Petition did not ap- 
pear, — return being made that he was very ill. 

[p. 527.] Upon hearing both Parties : 

Ordered, That they w*'"draw for the p'sent & give their 
attendance again to-morrow at 10 o'clock, a. m. 
In Councill, 

Yoted, That the Laws of this Province be forthwith 
printed. 

Pr. Ord-^ of y'' Lt. GoV & Councill. 

IQbr i^t^ 1715. R. Waldron, Cleric. Con. 

Concurred w"^ pr. y*" House of Representatives. 
Dec. l'\ 1715. Pr. Ord>- Theo. Atkinson, Clerk. 

Voted, That an Act be past concerning Banckrupts. 

1 Dec. 1715. Pr. Ord'" of the House of representatives. 

Theo. Atkinson, Clerk. 

Pr. Order of the Lieut. Gov"" & Councill. 

R. Waldron, Cleric. Con. 

His Hon'^' the Lieut. Gov'' asked the advice of the Coun- 
cill ab' renewing Commissions, & The Councill answer, 
That 'tis proper all Commissions w*^in this Prov., both Civill 
& Military, be renewed, & that the sooner 'tis done the 
better. 

Theo. Atkinson, Esq., brought up y^ following vote of 
Concurrence to this board : 

* The rust2>riiifed edition of Province Laws was in 1716. 

"Boston, in New England: 
Printed by B. Green; sold by Eleazer Kussel at liis shop in Portsmouth, 1716." 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY, 613 

In Councill, 
Yoted, That Sam' Penhallow and Jno. Wentwortli,Esqs., 
be of a Committee from this board to Joyn [p. r)28.] w"" 
such as shall be chosen by the House of representatives to 
draw up an Act relating to Banckrupts. 

Pr. Ord-^ of the Lieut. Gov-" & Council. 
Dec. 1, 1715. R. Waldron, Cleric Con. 

Voted, That Capt. Davis & Col. Waldron joyn w'*^ the 
gent" of his Majestie's Councill, as a Committee. By order 
of the House of representatives. 

Theo. Atkinson, Cleric. 
Dec. 1, 1715. Adjourned to to-morrow, 10 o'clock, a. bi. 



Pro. N. Hamp'. 

At a Councill and Generall Assembly 
held at Portsm° by adjornm*, 10^' 2\ 
1715. 

Present, 
The hon'le Geo. Yaughan, Esq., Lt. Gov"", 
Robt. Eliot, ) John Plaisted, J 

Rich'' Waldron, [ Esqs. Mark Hunking, \ Esqs. 
Sam' Penhallow, ) John Wentworth, ) 

Capt. Nath. Hill & Mr. Stephen Jones appeared at this 
board to prosecute their complaint ag'' y^ selectmen of Dover. 
John Ambler & Joseph Mead"", two of s'' Selectmen, also 
appeared & p'sented a memorial referring to y'^ Dover Con- 
stable, as on file, bearing date, Dec'' 2'', 1715. 
Ordered, That both p'ties withdraw. 
Adjorned to 2 o'clock, p. m. 



[p. 529.] Pro. N. Hamp^ Mett again, according to adjornm*. 
Present — as Before. 
The Oyster river Petitioners & the adverse p'tie being 
called, made their appearance at this board. 



614 PEOVINCE OF NEW-HAMPSHIRE. [1715. 

Ordered, that both p'ties w*''draw & give their attend- 
ance at this board, at y^ next sessions. 

Ordered, That the Selectmen of Dover forthw*^ proceed 
to call to an account Jos. Davis, y^ last years Constable for 
that town, in y'' district of Oyster river, & see that he, the 
s^ Constable, make up his accounts & pay the money w*^'^ by 
warr' he was oblidged to collect according to the precept in 
s^ warr', & in case the s^ Constable fail of his Duty, then to 
treat him as y* Law directs in such cases, and that the s*^ 
Selectmen forthw^^^ make an assessm* as formerly, on the 
inhabitants of the Parish of Oyster river for* the sup- 
port of the p'sent Minister, Mr. Buss, until another minis- 
ter shall be called and settled in his room. 

Pr. Ord"" of the Lieut. Gov'' & Council. 

R. Waldron, Cleric. Con. 

Mr. Treasurer Penhallow was sent down to the House of 
representatives w"* y** Oyster river Petition, p'sented by 
Messrs. Hill & Jones, & the Counter Petition p'ferred by 
Messrs. Mead' and Ambler, w"^ other papers relating to that 
matter ; likewise a vote of the Councill thereupon. 

[p. 580.] Sam^ Penhallow & John Wentworth, Esqs., 
were sent down to the House of Representatives, w'^ the Bill 
relateing to Banckrupts. 

Theo. Atkinson, Esq., came to this board from the house 
of Representatives & declared in the name of y* house, 
that 'twas in the pow"" of the L* Gov'' & Council to give 
ord" respecting the Constable and Selectmen of Dover, 
w*''out y® Concurrence of y® Assembly. 

The Clerk was sent down to the house of representatives 
w*'^ a vote for a Committee to supervise y*" Laws in ord'' to 
their being printed, &c. 

Adjourned to to-morrow, 10 o'clock, a. m. 

*Rev. Jolin Buss was the first minister who statedly officiated in Oyster river. 
His house aiid library was burnt by the Indians in 1694. He died, 1736, at the great 
age of 108. Farmer & Moore say, (N. H. Gaz., " Durham") that Mr. Buss " was never 
orUaiued." Tlie above record seems to imply the contrary. 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 615 

Pro. N. Hamp'^ 

At a Councill & Generall Assembly 
held at Portsiu'', by adjonmi^ Dec. 3, 
1715. 

Present, 
The Hon''''' Geo. Vaughan, Esq., Lieut. Gov'', 
Sam^ Penhallow, ) -^ , Mark Hunking, ) y^ 
John Plaisted, j ^ * John Wentworth, ) ^^^ 
Theo. Atkinson, Esq., brought the Bill ab' Banckrupts 
from the house of representatives to this board, & prayed 
that it might be enacted ; which was done accordingly. 

Theo, Atkinson, Esq., brought up y® following Vote of 
Concurrence to this board : 

Voted, that John Plaisted & Mark Hunking, Esqs., 
together w"^ Mr. Sheriff Pliipps, be of a committee to 'join 
w'^ such as shall be [p. 531.] chosen by y*" house of Rep- 
resentatives to supervise y'' laws of this Province, & to col- 
lect them into a body to be printed, & y' y*" clerk give his 
attendance on s'^ Committee. 

Pr. ord-^ of y° Lieut. Gov"" & Councill. 
Xb"^ 3d, 1715. R. Waldron, Cleric. Con. 

Yoted, Mr. Speaker Gerrish, Maj"" Smith & Mr. Atkin- 
son, joyn w*'' y*' gent" of y*" Councill as a Committee. 
By order of y*" House. Theo. Atkinson, Clerk. 

Xb"- 3d, 1715. Adjourned to Tuesday, Dec. 20th, 1715. 



Pro. N. Hamp^ 

At a Councill & Gen' Assembly held 
at Portsm'' by adjornm*, Dec. 20, 1715. 
Present, 
The Hon'-'" Geo. Vaughan, Esq., Lieut. Gov"", 
Rich'' Waldron, ) j^ John Plaisted, ) ^ 

Sam' Penhallow, j ^^^^'^' Mark Hunking, \ ^^^^'^^ 

John "Wentworth, Esq. 
The Clerk was sent down to y'' house of representatives 
w*'' a vote ab* a Constable's Watch, &c., viz : 



616 PROVINCE OF NEW-HAMPSHIRE. [1715. 

In Councill, 

Voted, That there he an Act past for a Constahle's watch 
to be kept in each town withhi this Province, as the Jus- 
tices thereof shall see meet, in y® night season, & y* Sam' 
Penhallow & Mark Hunking, Esqs., be of a Committee to 
draw up a bill accordingly. 

By order of y'' Lt. Gov"" and Councill. 
lOb'^ 20th, 1715. R. Waldron, Cleric. Con. 

[p. 532.] Mr. Geo. Jaffrey brought up y*' following vote 
of Concurrence : 

Voted, That Messrs. Jeffrey & Atkinson be a Committee 
to joyne w"' a Committee of y® Councill to draw up an Act 
according to y^ abovej'ote. By order of the House of rep- 
resentatives. 

20th Dee., 1715. Theo. Atkinson, Cleric. 

Capt. NatW Hill, in behalf of y'^ Petitioners of Oyster 
river, appeared at this board, & Messrs. Jno. Meader and 
John Ambler, in behalf of y*^ adverse p'tie. Both p'ties 
desired a longer tune to accommodate y'' differences among 
themselves. Whereupon y'' matter was suspended till y" 
next sessions of y'^ Gen' Assembly. 

Adjorned to to-morrow, 10 o'clock, A. M. 



Pro. N. Hamp''. 

At a Councill and Gen' Assembly held 
at Portsm° by adjornment, Dec. 21st, 
1715. 

Present, 
The Hon''"' Geo. Vaughan, Esq., Lieut. Gov% 
Rich'' Waldron, ) -^ John Plaisted, ) -^^ 

Sam' Penhallow, j ^^^^' Mark Hunking, j ^^^^• 

John Wentworth, Esq. 
The Clerk was sent down to the house of representatives, 
to desire them to come to y® Councill board, in ord"" to a 
Conference. They accordingly came, where was recom- 



1715.] JOURNAL OF COUNCIL AND ASSEMBLY. 617 

mended to their consideration l)y y® Hon''^'- y'' Lt. Got'', ye 
raising of money to defray y*" accruing charge of y" Prov. ; 
y® adjusting y" boundaries of y° several towns or Parishes ; 
y^ bringing Isle of Shoals & Kingston into y*" Pub. tax. 
Adjourned to-morrow, 10 o'clock, a. m. 



[p. 533.] Pro. N. Hami/. 

At a Councill and General Assembly 
held at Portsm° by adjornm', 10'^"^ 22^ 
1715. 

Present, 
The Hon'''^ George Yaughan, Esq., Lt. Gov% 
Rich^ Waldron, ) .. ^^ John Plaisted, \ ^ 



Sam' Penhallow, ] ^^^^' Mark Hunking, 
John Wentworth, Esq. 

The Clerk was sent down to y° house of representatives 
w*^ a Petition p'ferred by Mr. Tho. Partridge, as on file, 
bearing date Dec. 10th, 1715. Mr. Sberriif Phipps made a 
representation of the deficiency of y'' Goal, &c., in writing, 
w'=^ being read, was sent down by y*" clerk to y*^ house of 
representatives. 

The Clerk was sent down to y'' House of Representatives 
w*'' a vote for building a Court-house in Portsmouth. 

Mr. John Dam brought up a vote to this board for set- 
tling y*" bounds of y*" severall towns or Pari shes w"'in y^ 
Province, w'^'' s"* vote was sent back to y*^ house of repre- 
sentatives for amendm* by the Clerk. 

Mr. Rich'^ Wibert brought up a vote to this board for lim- 
iting y" number of Publick houses in each town w"'in y® 
Province. 

Mr. Rich*^ Wibert brought np the following vote to this 
board : 

Voted Isles of Shoals be notified to send a representative 
ag** y^ next sitting of y*" Assembly. 

22d Dec, 1715, By ord^ Theo. Atkinson, Clerk. 



618 PROVINCE OP NEW-HAMPSHIRE. [1715. 

In Coiincill, 
Voted a Concurrence. 

Pr. ord-^ of y° Lt. GoV & Council. 

R. Waldron, Cler. Con. 
Adjorned to-morrow, 10 o'clock, a. m. 



[p. 534.] Pro : N. Hamp^ 

At a Councill and General Assembly held at 
Portsm" by adjornm* Dec. 23"^, 1715. 
Present, 
The Hon"'^^ Geo. Vaughan, Esq., Lt. Gov--, 
Rich'^ Waldron, ) ^ Jolm Plaisted, ) ^^ 

Sam' Penhallow, ( ^'^'- Mark Hunking, \ ^^^^' 

Jno. Wentworth, Esq. 
Theo. Atkinson, Esq., brought up a vote to this board 
limiting y*" time of calling an Assembly. 

Theo. Atkinson, Esq., brought up a vote to this board for 
a Committee to p'ambulate y° town or Parish bounds w'4u 
this Province, w"^ was sent back to y*^ house of representa- 
tives (by y" Clerk) for amendm*. 

The Clerk was sent down to the house of representatives 
w*^ a vote relating to town bounds, &c. 
Adjorned to to-morrow, 10 o'clock, a. m. 



Pro : N. Hamp^ 

At a Councill and Generall Assembly held at 
Portsmouth by Adjournm' Dec. 21"', 1715. 
Present, 
The Honorable Geo. Vaughan, Esq., Lt. Gov"", 
Rob* Eliot, ) Sam' Penhallow, ) 

Rich^' Waldron, [ Esqs. John Plaisted, i Esqs. 

Nath' Wear, ) Mark Hunking, ) 

Theo. Atkinson, Esq., l)rought up y^ following vote of 
Concurrence to this board. 
Voted, That the town or Parish Bounds w^'^in this Pro- 



1715.] JOURNAL OP COUNCIL AND ASSEMBLY. 619 

vince be run, & a Committee be chosen accordingly, whose 

names are as follow : 

Mark Hunking Esq., j p.^smouth, 
Capt. Iliclr u ibert, ] ' 

[P. 535.] Mr Peter Wear, j Hampton, 

Capt. Josh : W mgatc, ) ^ 

Nich" Gillman, Esq., \ i7„p.g„ 
Mr. Jon=^ Wadleigh, J ^-^e^^^' 

James Davis, Esq., \ ^ 
Capt. Tim° Gerrish, \ '^'^'' 

John Frost, Esq., N. Castle, 
Mr. Jon'^ Sanburn, Kingston. 
And what j" major Part of them do determine, shall be 
y® finall issue thereof ; and that each of y° s*^ Committee be 
allowed seven shillings pr. day for y' service, to be paid out 
of their respective treasuries, and they to make returns of 
their doings to the Gen^ Assembly between this & y" tenth 
of May next. 

Pr. ord"" of y^ Lieut. Gov"" & Councill. 
Dec. 23"^', 1715. R. Waldron, Cleric. Con. 

Dec. 24'^, 1715. Concurred with by y'^ house of repre- 
sentatives, & voted. That in case of any's neglecting or re- 
fuseing their service as above, y^ selectmen shall have power 
to appoint others in their room. By ord'. 

Theo : Atkinson, Cler. 
In Councill, 
Voted a Concurrence. 

Pr. ord'^ofthe Lt. Gov. & Councill. 

R. Waldron, Cleric. Con. 
[p. 536.] Mr. Geo. Jafifrey brought up a vote to this 
board for an Act to be past, making all book Debts, tliat shall 
be of more than two years standing, irrecoverable by 
law. (1) 

(1) The giving of Credit & Book keeping, Being necessary in carrying on trade: But 
accts. long Depending, often prove of ill consequence, for preventing of wliich. 

Voted, That no Book Debt shall be Eecoverable from the Date hereof, that shall be 
of more than three years standing, unless ye debt be under forty shillings; & that an 
Act be drawn up accordingly wth necessary exceptions.— /our?i. of House. 



G20 PROVINCE OF NET7-HAMPSHIRE. [1715. 

Thoo. Atkinson, Esq., brought up the followhig- Vote to 
this board : 

Voted, That Star Island, one of y** Isles of Shoals, be a 
town by the name of GtOSPORt. By ord'' of the house of rep- 
resentatives. 

24'^ Dec. 1715. Theo. Atkinson, Cler. 

In Councill, 
Voted A Concurrence. 

lO*^"- 21*^ 1715. Pr. ord'- of y*" Lt. Gov-^ & Councill. . 

R. Waldron, Cleric. Con. 

This day the following vote (laid before this board two 
days agoe) was concurred w**^, viz : 

Whereas y^ multiplicity of Publick houses occasion many 
disorders, — 

Voted, there be but six taverns in y*' town of Portsmouth ; 

In the town of Hampton, three ; 

In the town of Dover, two ; & Oyster river, one ; 

In the town of Exeter, two ; 

In the town of New Castle, two ; 

In the Parish of Xewington, one ; ^ 

And no more in. the Province, & that all other tippling 
houses 1jc Suppressed ; the Justices at the quarter sessions 
to appoint & License the s'^ taverns. 

By Order. Theo. Atkinson, 'Cler. 

22'' Dec. 1715. 

In Councill, 

Voted a Concurrence. 

Dec. 24"\ 1715. Pr. ord"". R. Waldron, Cleric. Con. 

[p. 537.] Messrs. Peter Wear & John Dam brought to 
this board from the house of representatives, a vote for 
p'senting to y'^hon'*''^ Geo. Vaughan, Esq., Lt. Gov^the im- 
post & excise mony for one year, (viz :) from June last 
past to June next ensuing, in consideration of his good 
service done to this Province. 

Sam' Penhallow and Mark Hunking, Esqs., were sent 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 621 

down to tlie house of representatives, to conferr av"' that 
house ab* the Tote w*"" came from thence to y° Councill 
board, for p'sentmg his Hon'' Lt. Cov'' Yaughan w'" the Im- 
post and excise mony for one year, etc. 

John Plaisted and Mark Huukin^, Esqs., togodier w*'' 
the Clerk, were sent down to y'' house of representatives to 
adjorn f house to :^[onday, y' 2'' Jan-^' next ensuing, to w'^'* 
time also y"" Councill stands adjorned, viz., to y° 2^* Jan^', 
1715-6. 



Pro : N. Hamp^ 

At a Councill c% Gen' Assembly held at 
Portsm% by adjornm' Jan^' 2'\ 1715-6. 
Present, 
The Hon'"'*^ Geo. Vaughan, Esq., Lt. Gov% 
Rich^^ Waldron, J 
Sam^ Penhallow, > Esqs. 
Mark Hunking, ) 
A Letter from y° Hon''^'^ y<^ Lt. GoV^ and Councill of y* 
Pro : of Mass^' to this Governm* relating to the running y" 
Partition line between y'' two Provs : of N. Hamp' & Mass*, 
bearing date Dec'" 26"', 1715, was read at this board, and 
is on file. 

Mr. Josh"* Weeks pTerrcd a Petition to this l)oard for an 
Enlargement of y*" Parish of Greenland ; y'' s'^ Petition was 
signed by Sundry y*^ Inhabitants of Squamscutt Patent, as 
on file. 

[p. 538.] Messrs. James Davis & Sam^ Tibbets came to 
this board to Informe y' y'"" was a full house of representa- 
tives (1). 

(1) [From Journal of the House,] 



2d January, 1715-6. 


The House Mett,— Present. 




Davis, 


Marston, 


Jaffrey, 


Tibbets, 


Gillman, 


Wiberd, 


Walton, 


Thing, 


Smith, 


Atlvinson, 


Dam, 


Weare. 



The Siiealvcr being not able, by Reason of Sickness, to Come to the house in order to 
settle the house, Major Smith chosen Speaker pro tempore. 



622 PROVINCE OF NEW-HAMPSHIRE. [1716. 

Roger Thomas p'ferred a Petition to this board for 
mony Due to him for services done at y*^ Castle in y*^ years 
1710-1711, bearing date Jan^ 2^\ 1715-6, as on file. 
Adjorned to to-morrow, 10 o'clock, a. m. 



Pro : N. Hamp^ 

At a Councill & Gen^ Assembly held 
at Portsm" by adjornm*, the 3*^ Instant, 
Jan., 1815-6. 
Present, 
The Hon^^"^ Geo. Vaughan, Esq., Lt. Gov'', 

Rich'^ Waldron, 



Sam' Penhallow, f ^ 

The Clerk was sent down to j° house of representatives 
to propose to them the allowing six taverns in Portsmouth. 

The Clerk was sent down to the house of representatives 
w*^ two votes ; y® one for having Tythingmon in each town 
w^4n the Prov: and y'' other ab* oblidging all p'sons to attend 
y® Publick worship of God once a month. 

Adjourned to 2 o'clock p. m. 



Pro : of N. Hamp^ Met again according to adjornm*. 
Present, 
The Hon*''° Geo. Vaughan, Esq., Lt. Gov'', 
Rich'' Waldron, ) -r^^ Mark Hunkiug, ) -p 

Sam' Penhallow, ) ^^ ' John Plaisted, j ^ 

Mr. Sam' Tibbets brought up y® two following votes of 
concurrence to this board : 

In Councill, 
Voted, That an Act be past that no book Debt shall be 



^7lf).'] JOURNAL OP COUNCIL AND ASSEMBLY. 623 

recovered by Law that shall be of more than tliree years 
standing, [p. 539.] except y*" s'^ Debt be und"^ forty shillings. 
Pr ord"" of Lt. Gov. and Councill. 
Jan. 3^ 1715-6. R. Waldron, Cleric. Con. 

Eodem Die. Voted a concurrence. 

Pr. ord"^ of y° House of representatives. 

Sam^ Thing, Clerk.* 
In Councill, 
Voted, That An Act be past for y'' suppressing of disord" 
in licensed houses, & in ord'' thereto, that tythingmen f 
be chosen and sworn in each town w*''in the Prov. 
Jan. 2>% 1715-6. Pr ord-- of y° Lt. Gov-^ & Councill. 

R. Waldron, Cleric. Con. 
Eodem Die. 

Voted a concurrence. 

Pr ord'' of y*^ House of representatives. 

Sam' Thing, Cleric. 
Mr. Sam. Tibbets brought a vote to this board ab' altering 
y*^ Courts, &c. 

Capt. Sam' Weeks & Mr. Eben. Johnson appeared at this 
board to prosecute y® Petition preferred yesterday by Mr. 
Josh : Weeks, for An Addition to y'' Parrish of Greenland, 
w'^'' Petition was read a second time : & it was, thereupon, 

• Ordered, Whereas there is a Petition p'ferred to y^ 
board by sundry y*^ Inhabitants of Squamscutt Patent, live- 
ing on y'' eastw*^ side of the line running from Wall Creek 
to Hampton bounds, to be added to y° Parish of Greenland 
(and no body appearing to show cause why ord''* should 
not be given [p. 510.] accordingly) That all the Inhabitants 
living on y' East side of y'' line afores'' shall be and hereby 

* Pro tempore. 

t Tij1hin(/man,— m Xew England, a parish ofiicer annually elected to preserve 
good order in the church during divine service, and to make complaint of any disor- 
derly condnct.— Web. Die. This appears to be the first va.e.Tit\.on of tythingman'm. 
the Province Records. 



624 rROviNCE of NEW-HAMPSHIRE. [1716. 

are jojned unto y'' rarish afores"^, and there to pay y^ min- 
ister's rates till further ord'*. 

Pr ord'- of y« Lt. Gov'' & Coinicill. 

R. AValdron, Cleric. Con. 
Adjorned to to-morrow, 10 o'clock a. m. 



Pro. N. Hani}/. At a Councill & Gen^ Assembly held at 
Portsm^ by adjornm', y*^ -i"' Jan^', 1715-6. 

Present, 
The Hon'""^' Geo. Yaughan, Esq., Lt. Gov^ 
Rob* Eliot, I p Sam' Penhallow, ) -^ 

Rich^' Waldron, \ ^^'^^- Mark Hunking, j ^^^^• 

John Wentworth, Esq. 
Adjorned to 2 o'clock, p. bi. 



Met again according to adjornm'. 

Present — as Before. 
Adjorned to to-morrow, 10 o'clock, a. m. 
Pro : N. Ham}/. At a Councill and Gen^ Assembly held 
at Portsm" by adjornm*, Jan. 5"', 1715-6. 

Present, 
The Hon"^"= Geo. Yaughan, Esq., Lt. Got'", 
Rob* Eliot, } -p, Sam' Penhallow, \ p 

Rich'' Waldron, j ^^^^' Mark Hunking, \ ^'^^• 

John Wentworth, Esq. 
Sam' Penhallow & Mark Hunking, Esqs., were sent down 
to y*^ house of representatives w*'^ y*^ letter from y*^ Goverm* 
of Mass'', & to desire y* house to do the needful thereab' As 
soon as might be. 

[p. 541.] The Clerk was sent down to the house of 
representatives w"^ a vote for a Committee to draw y*" book 
Debt bill ; also a vote for allowing Mr. John Partridge twen- 
ty pounds, & to desire their speedy consideration & resolve 
of y*" matter mentioned in a letter from j" Mass* Goverm*, 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. G25 

(viz.) ab' running y^ partition line between their and onr 
Province. 

Tiie Clerk was sent clown to y° house of representatives 
w"" 'a vote for addressing y° King; also w"' a vote for a 
Committee, for auditing y° Publick Ace*" of tlii.s Frovinte, 
& to desire y* house to consider a way for discharging y'^ 
debts of y® Prov. afores'', for this p'sent year. 

Mr. Ephraim Marston brought up y*" following vote of 
concurrence to this board : 

In Councill. 

Voted, That Rob* Eliot and Rich'' Waldron, Esqs., ])e of 
a Committee from this board, to joyn w'*' such as shall be 
chosen by the house of representatives, to draw up y*" Book 
Debt Bill, & that it be done forthw"' in ord" to its being 
Past. 

Pr ord^ of y^ Lt. Gov^ & Councill. 

Jan. 5"S 1715-6. R. Waldron, Cleric. Con. 

Voted, In the House of representatives. Col. Walton & 
Capt. Wibcrt joyn as a Committee. 

Pr ord^ Sam' Thing, Clerk. 

Capt. Rich'^' Wibert brought up y^ following vole of con- 
currence to this Board : 

In Councill. 
.Voted, That Rich*^ AValdron, John Plaisted, & John 
Wentworth, Esqs, be of a Committee from this board for 
Auditing y° Publick Ace''' of this Pi-ov : 

Jan^ 5"S 1715-16. Pr ord^ R. Waldron, Cleric Con. 

[p. 542.] Voted, That Maj'' Smith & Sami Thing, Esqs., <fc 
Mr. Geo. Jaffrey, be a Committee to joyn y" Gent" of the 
Councill for auditing the Prov. accounts. 

Pr. Order of y*^ House of Representatives. 

5'-^ Jan^ 1715-6. Sam^ Thing, Cleric. 

Mr. Sam' Tibbets l)rought iip a vote to this board I'or a 

Committee to run y'^ Dividing line Ijetween y" Pr )v of 

Mass^ & N. Hamp^ 
40 



626 PROVIN'CE OF NEW-HAMPSHIRE. [1716, 

The Clerk was sent down to the house of representatives 
w"* y*^ Counciirs vote for a Committee to run j'^ Partition 
line between y"" s'' two Provinces. 

Adjourned to to-morrow, 10 o'clock, a. m. 



Pro. N. IIam|/. 

At a Councill and Gen^ Assembly 
held at Portsm° by adjornm', Jan^' 6"', 
1715-6. 
Present, 
The Ilon'^^ Geo. Vaughan, Esq., Lt. Gov% 
Rob* Eliot, ) ^ Sam^ Penhallow, ) j. 

Rich^ Waldron, } ^'^^^' Mark Hunking, j ^^^^• 
John Wentworth, Esq. 
Mr. John Dam brought up a vote to this board ab' y'= ac- 
crueing charge of this Prov% &c. 

Mr. Rich'^ Wibert brought up y® following vote of concur- 
rence to this board : 

In Councill, 
Voted, That Sam^ Penhallow and Mark Hunking, Esqs., 
Maj' Joseph Smith and Mr. Peter Wear, be of a Committee 
to joyn w* such as are chosen by y° Goverm* of jMass"^ to 
run y*' Partition line between y*^ two Provinces, and that the 
s'' Comittee bo allowed ten shillings pr Diem for y"" service ; 
And further, [p. 543.] that Mr. James Jaffrey be Imployed 
in y' business to accomp^ said Committee. 

Pr. ord'- of y" Lt. Gov'^ & Councill. 
Jan. 5"\ 1715-6. R. Waldron, Cleric. Con. 

Concurred with hy the house of representatives. 
6^'» Jan., 1715-6. Sam' Thing, Clerk. 

The House of representatives returned two votes to this 
board (by Mr. Sam' Tibbets) not concurred w''^, (viz.) y'' 
vote for allowing Jno. Partridge twenty pounds, & y® vote 
ab' y'' profanation of the Saljbath. 

Capt. Nath' Hill and Mr. Stephen Jones appeared at this 
board to prosecute their Petition ab* y® Parish of Oyster 
river, etc. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 627 

Messrs. Meader and Ambler ap})earcd also to prosecute 
y'' Counter Petition. 

Ordered, That both Parties of y^ Parish of Oyst"^ river 
have from this to the tenth of March next ensuing further 
allowed them, to accommodate y*^ differences in s'' Parish, 
& at y® first sessions of y'' Gen' Assembly after y" s'' tenth 
of March, to make report of y"" doings to this board, in 
ord'' to a Confirmation thereof, or further ord'' thereupon. 

P-^ ord-- of y'^ Lt. Gov^ & Councill. 
Jan. 6"", 1715-6. R. Waldron, Cleric. Coun. 

Theo. Atkinson, Esq., returned the vote of Councill to 
y® Councill board for addressing his Maj"'' y*^ l^iiig? ^ot con- 
curred w"^ 

Adjorned to ten o'clock to-morrow. 



[p. 541.] Pro : N. llamp^ 

At a Councill and Gen' Assembly held at 
Portsm*" by adjournm', Jan. 7"^, 1715-6. 
Present, 
The Hon'""^ Geo. Yaughan, Esq., Lt. Gov^ 
Rob' Eliot, I -p Sam' Penhallow, ) -j-, 

Rich" Waldron, \ ^^^^' Mark flunking, \ ^^^^• 

Theo. Atkinson, Es<p, brought up a vote to tliis board 
relating to y° bounds of N. Castle. 

Sam' Penhallow & Mark Hunking, Esqs., were sent 
down to y*' house of representatives w'"^ a bill ab* a consta- 
bles' watch, &c. 

Andrew Wiggin p'sented a Petition to this board for 
making ^wampscutt Patent a township, ^Y'^^ Petition was 
ordered to be "withdrawn. 

Rob* Eliot and Mark Ilunking, Esqs., together w*'^ the 
Clerk, were sent down to the House of representatives to 
adjorn them to "Wednesday, and accordingly they were 

Adjourned to Wednesday, y' 11'" of y^ Inst. Jan., 1715-6. 

[Eud of the MS. volume of rrovince Eccords in the Secretary's office 
labeled, "Journal of the Council and Assembly, 1G92-1716.". — Eu.] 



628 PROVINCE OF ^'EW-HAMPSHIRE. [1716. 



Journal of Coicncil and AssemUy, 171G-1T28. 

[Note by the Editor.] 
The Tlecords which follow ia this volume, to 1722, are copied from a MS. 
volume in the Secretary's office, labeled, " Jouenal of the Couxcii. & As. 
SEMBLY, 171G-1728." The page in the margin denotes the corresponding 
page in the MS. volume. 



[r. 1.] Trov. N. Ilarai/. 

At a Councill & Gen' Assembly held at 
rortsrn" by adjouruiuS Jan. 11'^, 1715-G. 
Present, 
The IIon'''<= Geo. Vaugliau, E.?q., Lt. GoV, 
ISTath' Wear, ^ John Plaisted, ^ 

Elch'MYaldron, > Esqs. Mark ITnnkinij:, >Esqs. 
6am' Penhallow, 3 John Wentworth, ) 

Tlie Clerk was sent dovrn to the house of Tvcpresentatiyes to 
carry a bill for suppressing Disord™ in licensed houses. 
Adjourned to to-morro-sr, 10 o'clock a. m. 



Pro : X. Ilamp'. 

At a Council & Gen' Assembly held at 
Portsni" by adjornm', Jan. 12, 1715-6. 
Present, 
The Hon'^''"^ Geo, Vaughan, Esq., Lt. Gov'', 
Robert Elliot, ') Sam' Penhallow, ? tt. „ 

Nath'Wear, J- Esqs. John Plaisted, $ -^^qs. 

Rich<i AYaldron, ) 
The Clerk was sent down to tlic house of Peprescntatives to 
motion to them there coming into an Address to the King. 

Nath' Yv'car & Rich'' "Waldron, Esqs., were sent down to the 
house of. Representatives to inform them y' y** vote they sent up 
to this board ab' N. Castle bounds was a matter out of their 
sphere. 
AdjQruQd to ten o'clock to-morrow, A. m. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 629 

[p. 2.] Ti-o: N. Ilarnp'. 

At a Couucill & Gen' Assembly held at Portsmo 
by adjourmnS Jan. 13"', 1715-6. 
Present, 
Pobert Eliot, ) Sam' Peiiliallow, ^ 

Kich'i Waldi-on, > Esqs. John Plaisted, V Esqs. 

Kath' ^Vear, ) Mark Huuking, ) 

John "Wentworth, Esq. 
Col. Walton brought up a vote to this board for y'' house of 
llepresentatives joyning w* the Couucill to address the King, as 
on file, dated Jan. IS"', 1715-6. 

Mr. Peter Wear brought y« bill for a Constables' watch, to this 
board, from the house of Representatives. 

The Clerk was sent dov^^n to the house of Kepresentatives w*^ a 
vote for a Committee to draw iip an Address to y'^ King, viz: 
Eich<i Waldron & Sam' Penhallow, Esqs., of the Council. 

Mr. Geo. JuHrey brought up the following vote of concurrence 
to this board : 
In the House of Representatives, 

Voted, That Theo. Atkinson, Esq., & Geo. JafFrey, be y'' Com- 
mittee of this house to joyn y« Committee of y*^ Couucill to draw 
up an Address congratulatory to his Ivlaj''*^ upon his preservation 
from plots & conspiracies ag" his sacred person & goverm' accord- 
ing to y** vote of tliis house.* 

Pr order, Theo. Atkinson, Clcr. 
13«^ Jan., 1715-6. 

In Council. 
Ord''*, That y^ Clerk write a letter to y<= Govern'' of Mass. in y^ 
name of tliis Goverm', in answer to their letter ab' y" partition 
line of y*^ tv^'o Provinces. 

R. Waldron, Clcr. Con. 
A letter was wrote accordingly, as on file, dated Jan. 16"', 
1715-6. 
Adjourned to Thursday, y" first of March, 1715-6. 

* This Address is not found on file. 



630 PROVINCE OF NEW-HAMPSHIRE. [1716. 

[p. 3.] Pro. N. Hamp'. 

At an Especial Session of y^ Councill & Gen' 
Assembly at Portsm", Feb. 6"", 1715-6. 
Present, 
The Hon'''*' Geo. Vaughan, Esq., Lt. Governor, 

Sam' Penhallow, j) 

Jno. Plaisted, > Esqs. 

Jno. Wentworth, ) 
Mr. Sheriff Phipps was sent down to the Ilonse of Representa- 
tives, to desire their p'sence at y'^ Councill board; they came ac- 
cordingly, where Joseph Smith, Esq., informed the board of y* 
indisposition of Rich'^ Gerrish, Esq., their speaker, & prayed they 
might have liberty to adjourn to s<^ Gerrishes house. His Hon'' y* 
U Gov' answered, he had somew' to offer to them as they were y* 
representatives of y^ people of thi.s Prov: but as yy [they] had 
no speaker p'sent, they were no house ; wiiereupon they with- 
drew, & presently returning again p'sented Joseph Smith, Esq., 
their Speaker pro tempore, & then was read to them his Hon" y* 
Lt. Gov' speech, as folio weth: 

Gentm, — When you were here at yo' last sessions, we saw noth- 
ing that would demand yo' attendance till JNIarcli, the time ap- 
pointed for yo' meeting; but sundry things intervening, it was y* 
advice of his Maj'''^^ Council to call j'ou together this day. What 
I have to oiler you, I hope will not admit of a long debate, & yo' 
resolves may be speedy. I have sundry times recommended y® 
matter of y" jirison's deficiency to yo' consideration; you are not 
insensible of two men's escaping thence; but upon application to 
his Hon"' Col. Tailer, of y*" neighboring Goverm', he issued out his 
Ord" for apprehending them, so that one of them is returned to 
prison, & y*^ other secured in Salem goal in order to be sent hither. 
By restoring y"= first, y'' Prov: hath saved at least 300 lbs., w'^'^ the 
creditors were ab' to sue for, & would have infallibly recovered; 
& by both, we laid under great obligations to that Goverm'. I am 
to inform you 'twas y^ advice of y'' Councill, y' a guard of two 
men should be placed over the pi-ison, till y*^ Court of goal deliv- 
ery [p. 4.] comes in its turn, w*^'' is next week, whereby an accrue- 
ing charge lies on y® GoA^erm', & doubtless yo' care will prevent it 
for the future. 

I w'ould observe to you tliat where no discipline «fc rigor is to 
punish offenders, there can be no expectation of a civil tlecorum; 
and where no prison in a commonwealth, no restraint from illegal 
behaviour and trespasses, so that our govcrm* is but a name, and 
not the thing. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 631 

I am informed that y'= Laws are fitted for the press.* Mr. 
Treasurer Penhallow has been at Boston, and tells me he liath 
discoursed y^ Printer, as lie can inform you. I am of opinion no 
time should" be lost; yo'' mony lies dead in y« treasury, so y' we 
have no advantage in delay. 

Gent", — I have another thing- to inform you, but whether it con- 
cerns you as representatives of yo'' People I shall not determine; 
but as you are my nei<^hbors I think it incumbent to let you know 
y' I have received a letter from y" adm" on the estate of Sir 
Charles Hobby, Deceased, f who, as they relate, did buy half the 
title of this Province; how farr it respects you. you may consider. 
They oHer you the purchase ; but I am of opinion Goverm' hath 

* A copy of tlie first printed edition of the Laws of the Province of New Hampshire, 
—somewhat imperfect— is found iu the Library of X. II. Historical Society. The fol- 
lowing is the title page. 

ACTS 

and 

L A W S 

Passed by the 

Ge>'Eral Court 

or 

ASSEMBLT 

of his Miijesties 

I^rovince 

of 

2fetv Hampshire. 

G [L. S.] K. 

Boston in New England : 

Printed by B. Gkeex; sold by Eleazer Rcssel, 

at his shop in Portsmouth. 

1716. 

^Sir Charles ITohhy 

Was sou of William Hobbj', of Bxston, one of the wardens of King's Chapel in 1693. 
Savage (Gen. Die.) says, Cliarles was " fortunate in being knighted for his brave con- 
duct at the earthquake, 1692, in Jamaica; or else the consideration (1) mentioned in 
Hutchinson, II, 153. He was a member of the Artillery Co., and its Captain, 1702 and 
'03, and Colonel, I believe, of the Boston regiment; but most known hero, as not one 
of such life as ' should have recommended him to the clergy of A'. E.' " Yet he was 
sent over to London with letters from '• some of the most pious ministers," to our 
agent. Sir William Ashurst, a true Puritan, strongly urging "that he might be ap- 
pointed the governor instead of Dudley." Hutchinson does not say that his connex- 
ions, the two Mathers, were writers of those letters, of which there can be no doubt; 
but he adds, that "Ashurst himself, after his acquaintance with Hobby, reproves and 
censures them." Luckily for our country, Sir Charles did not prevail, came back, 
perhaps, and died in 1715, but not in Boston. His estate was insolvent. Of his inven- 
tory, 23(1 April, 1716, "deeds for half the Province of New Hampshire " is one of the 
latest items; but, as in derision, put down at nothing. Seven slaves are at the head, 
whose aggregate is .€300. It appears also, that iu 1711 Sir Charles was appointed dep- 
uty goTernor of Annapolis (Nova Scotia), and that he accompanied Col. Nicholson on 
his expedition to Canada. His purchase of one half of New Hampshire was made of 
Thomas Allen, Esq., in 1700. — Ed. 

(1) The consideration referred to was the payment of £300 sterling.— Ed. 



632 PROVINCE OP NEW-HAMPSHIRE. [17 IC. 

nothing- to do w"* purchase, but especially w^'out his Majt"^' royal 
license liad &: obtained. Of the two former I doubt not but you 
Tvill take effectual care, & the sooner you do it you may return to 
X'-' management of yo"" own private aiitiirs. I know y"*^ season of 
the year calls you to your respective businesses. If you think of 
any thing by way of preliminary y' you can advise me in (to give 
y'^^ Commissioners of y'-'Prov: appointed to meet y*^ Commissioners 
of Mass" to run the partition line between the two Goverm'") you 
have now an opportunity. W I have further to offer,! shall defer 
till your session in course, which is a more leisure season of the 
'3'ear. 

Geo. YAUonAx. 
Feb. 6"^, 1715-G. 

After reading- y'' foregoing- Speech there were read tvro letters, 
(viz.) a letter from y<^ Goverm' of Mass" ab' the divisional line, 
&c., & a letter from y" adm'" on y^ estate of Sir Charles Hobby, • 
as on file, both dated Jan. SO''', 1715-G. 

Adjourned to 10 o'clock to-morrow, A. M. 



[r. 5.] Pro:X. IIamp^ 

Att a Couucill & Gen' Assembly held at Portsmo' 
by adjournment, Feb. 7"^, 1715-6. 
Present, 
The Hon'^''^ Geo: Vaughan, Esq., Lt. Gov"", 
Sam' Penhallow, ? ■t7<^„„ Mark Ilunking, ? ^ 

Jno. Plaisted, ^ ^ John Wentworh, S '"^■"" 

Theo. Atkinson brought up y« following answer to his Hon""^ 
the Lt. Gov"' Speech. 

In the house of Eepresentatives. 

The 12"^ of Novemb'' last, a Committee made a return ab' y'' 
Prison, upon w'^'' we voted the needfull y''on. 

As to the Laws, we expect the Committee apijointed to collect 
& revise them, make a, report thereof to the Gen' Assembly, upon 
which we desire they may be printed so soon as may be, according 
to our former vote. 

As to y^ title of the land, We are of the same opinion, that as 
representatives it does not concern us. 

We desire that the Committee ai:)pointed to run the line between 
the Mass" iS: this Province be impowered to act & proceed tlicreou, 
when they have notice from the Mass" Governi*. 

Pr. order of the House. 
7"^ Feb., 1715-G. Theo. Atkinson, Cler. 

The Clerk was sent down to tlie house of Eepresentatives to in- 
form them y* y^ present session was at an end, & that they stood 
adjourned as before, viz: March 1"', 1715-3. 



1716.] JOURNAL OF COUNCIL AND ASSJEMBLY. 633 

[i'. G.] Pro. N. Ilami/. 

At a Councill & Gen^ Assembly held at Portsm" 
by adjournment, March the first, 1715-6. 
Of the Hon'^i" the Couucill, 
Eichard Waldron, ? -r, John PLiisted, ^ F-n- 

Sam' Penhallow, I ^^^''■- John Wentwovth, ^ '^*^^- 
The Clerk was sent down to the house of Eepresentutives to 
inform them of his Hon" y"^ Lt. Gov"^^ indisposition, Avhich pre- 
vents he being p'sent in Councill this day, but that he AVtxs in 
hopes of seeing them in Geu^ Assembly to-morrow, &c. 
Adjourn*^ to to-morrow, 10 o'clock, a. m. 



Pro : N. llanip"". 

At a Councill & Gen' Assembly held at Portsm° 
by adjornm', March y*^ second, 1715-6. 
[Present as before.] 
The Clerk was sent down to the house of Eepresentatives to 
acquaint y™ w''^ the continuance of his Hon"^ tlie Lt. Gov"" indispo- 
sition & to adjourn them to Tuesday, the 3^ day of April next 
ensuing, &c. 
Adjourned to y'^ 3"^ April, 1716. 



[r. 7.] Pro : N. Ilamp'". 

At a Councill & Gen' Assembly held at Portsm° 
by adjournm', April the third, 1716. 
Present, 
The Ilon"^''^ Geo: Vaughan, Esq., Lt. Gov'', 
Sam' Pciihallow, ^ 
Mark Hunking, > Esqs. 
Jno. Yfentworth, ) 
Adjounied to to-morrow, 10 o'clocik, a. m. 



Pro : X. Ilamp'. 

At a Coiiucill & Gen' Assembly held at Portsm" 

by adjournm', April 1"% 1716. 

Present, 

The Hon'''''' Geo: Vaughan, Esq., Lt. Gov% 

Sam' Penhallow, ? t^_„ Mark Hunking. ) y 

John Plaisted, S J^l"i Weutworth, S ^^ 

Eobt. Elliot, Esq. 



634 PROyiNCE OF NEW-HAMPSHIRE. [1716. 

Sam' Penliallow, Esq., presented a Petition to tliis board in be- 
half of Sam' Cutts for a grant of pow'' for selling' some of his y^ 
s^ Cutts' land to pay his debts, he being as yet in his nonage ; v^^^ 
Petition being read was sent down to y*" house of Representatives 
& is on file, bearing date March •i"', 1715-6, &c. 

Mr. Treasui'er Penhallow presented a memorial or estimate of 
the present state of y^ Prov: to tliis board, w*^*^ being read was 
sent down to y*^ house of Representatives. 

The Clerk was sent doAvn to y" house of Kepi'csentatives w"' a 
vote of Councill for y^ selling Sam' Cutts' interest or estate in land 
at Oyster river, according to his petition aforementioned ; also 
vr* a vote for building a Court House at Portsm". 

Theo: Atkinson & James Davis, Esqs., appeared at this board 
in behalf of the House of Representatives, to confer ab' a proper 
place for y*^ situation of the Goal, &c. 

[p. 8.] James Jaffrey p'fcrred a Petition to this board, & is on 
file, dated April 4"% 1716, to be admitted to swear before the Lt. 
Gov'' and Councill y' his estate is insolvent, &c., according to an 
Act made & past by the Gen' Assembly of this Prov: entituled an 
Act ab' Bankrupts, &c., w*^'^ s"^ Petition being read, he, the s^ Jaf- 
frey, was admitted to swear, who made oath as follows (viz.) : 
That some short time since he was an*ested for debt by the sherifi" 
& that at the time of such arrest his estate was insolvent & not 
capable of paying the debts due to y« creditors of s"* estate ; 
AMicreupon it was ordered that John Frost, Esq., Messrs. Rich*^ 
Wibird & Clement, Hues be commissionated & appointed to re- 
ceive the claims of all such as are creditors to s'^ estate, & to pro- 
portion tlie same according to the claims, y' each creditor may 
have his ijroportion of s'' estate. 

R. Waldron, Cler. Con. 

Adjourned to 10 o'clock to-m.orrow, a. m. 



Pro : N. Hamp'. 

At a Councill & Gen' Assembly held at Portsm* 
by adjonrm', April 5tli, 1716. 
Pi'escnt, 
The Hon. George Vaughan, Esq., Lt. Gov"", 
Rob* Eliot, ? -p,^^^ John Plaisted, } -^ 

Sam' Penhallow, S ^^^^^- Mark Hunking, (, ^^^^' 

John Wentworth, Esq. 
The Clerk was sent down to the House of Representatives w**^ 
a vote for a Committee, viz., Col. Jno. Plaisted & Col. Mark 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 635 

Hanking, to view his Majestie's Fort at N. Castle, & to make re- 
port of y® state & condition of s"^ Fort, together w"^ w' stores are 
belonging thereto, & w' repairs ai'e necessary for the same. 

The Clerk was sent down to the House of Representatives w"* 
a vote for Mr. Treasurer Penliallow eitlier to bily or hire a boat 
for his Maj''''^ Castle, Wm. & Mary. 

The Committee appointed to supervise & collect a body of 
Laws for the Press have this [p. 9.] day made their return, w'^ 
being read at this board was sent down to the house of Represen- 
tatives.* 

Adjourned to to-morrow, 10 o'clock, a. m. 



Pro. N. Hampf. 

At a Councill & Gen' Assembly held at Portsm°, 
by adjournm', April 6th, 1716. 
Pi-escnt, 
The TIo;i'^'° Geo. Vaughau, Esq., Lt. Gov% 

Sam' Penhallow, ? p^.^^, Mark Ilunking, ? v.-nq 
John Plaisted, ) '^'" Jolni Wentworth,^ "^ ' 
5th April, 17 16, In y^ House of Representatives. 
Voted Capts. Davis & VVibert a Committee to joyn Ju" Plaisted 
and Mark Hunking, Esqs., as a committee to view his Maj"^' Fort 
at N. Castle, &; make report thereof according to the vote from the 
Councill, as on iile. By order. 

Theo. Atkinson, Cler. 
The Clerk was sent down to the House of Representatives vf*^ 
y° following resolve : 

In Councill. 
Resolved, that the Publick be exempt from any charge in pro- 
curing land to sett the prison on, & that the town of Portsmouth 
pay the necessary charge of y' Place where the same is to stand, 
viz., by the Alms-house in the town field. 

R. Waldron, Cler. Con. 
April 6th, 1716. 

The Gen'° of the Parish of Oyster river, of both p'ties, appeared 
at this board according to y* order of Councill in Jan^ last ; & Mr. 
Stephen Jones p'sented a Petition and remonstrance of their pro- 
ceedings since y^ afores*^ Jan^', in order to a friendly agreem', &g. 
the Petition, &c., is on file, dated April 6th, 1716. 

Adjourned to to-morrow, 10 o'clock. 

*The Comitte for revising and Printing the Laws made their Returne, ai^ on file, — 
forty-uine in number — ordered, that they be printed forthwith. — Journ. of Ilouie. 



G3G PROVINCE OP NEW-HAMPSHIRE. [171G. 

[r. 10.] rro. N. Ilamp. 

At a Councill & Geii' Assembly held at Portsm", 
April 7tli, 1716. 

Present, 
The Hf)u*''« George Vauglian, Esq., Lt. Gov"", 
Sam' Penhallow, ? ^ Mark Ilniildug-, ? -p, 

John Piaisted, \ ^^^^^- Jn° Weutworth, I -^•^^■^• 

Col, Shadrach Walton brought Sam' Cutt's Petition to this board 
from the house of Representatives, w"' y*' following vote of Con- 
currence ill answer to the same : 

In Councill. 

Voted, that the Petition preferred in behalf of Sam' Cutt be 
granted, tliat is to say, that his farm or interest at Oyster river be 
sold to the best advantage, & the mony improved to his the b"^ 
Cutt-'s service. 

April 4th, 171G. R. Waldrou, Cier. Con. 

Concurred w"^ in the House of Representatives. 

Pr. Ord^ Theo Atkinson, Cler. 
7th April, 1716. 

The Clerk was sent down to the House of Representatives to 
desire tliem to finish' their business w"^all possible speed, &c. 

The Committee appointed to view the Fort, &c., made their re- 
turn to this board, w^hich being read, was sent down to the house 
of Repi-esentatives by y« Cler. 

Mr. Sam' Tibbets brouglit a vote for allowing Benj. Akerman 
seven ponnds pr. Annum for the future for his service in waiting 
on the Governm'. 

Theo. Atkinson, Esq., brought uy> the following votes to this 
board: 

[p. 11.] Voted, that there be a Prison built in the town of 
Portsm", at the expense of v° Prov. ; y^ s"^ town to provide land to 
sitt it on v,'"^ couvenienc}' for Yard-room at their charge, & that 
tlie timb'' of the old be improved therea''', so far as may be con- 
venient, & that Messrs.- James Davis & Geo. JafTrey are a Com- 
mittee of this house to see it immediately effected, & the treas- 
urer to supply money for discharging y^ cost thereof. 

That the building a Court House be suspended for a time. 

^V^l desire y* Committee for auditing the Publick acc'^ to give 
notice when tiiey will examine them, & when done to make their 
return of all debts, upon which at our next meeting we will re- 
peat mony for paym' of fcliem that shall be allowed by the Gen' 
Assembly, & for whatever else may then be needful. 

xVnd in case his Excellency Col. Purges arrive here before our 
meeting next, 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 637 

Yotcd, That tlie treasurer supply for his reception, & tliat his 
entertainm' be at Col, Packer's house. And upon his arrival 

Voted, Messrs. Gerrish & Atkinson & Jaffrey to be niessen<i'» 
from tliis house to joyne w'^ such to be chosen by the Council to 
Compliment & Congratulate liis arrival. 

7th April, 1716. 

Past in the House of Representatives. 

Pr. Ord^ Theo. Atkinson, Clerk. 

TliC Clerk vras sent down to the house of Representatives to 
adjorn tl-.at house to Tuesday y'' first day of May, to w'^'' time the 
Gen' Assembly stands. 

Adjorned to May 1st, 1716. 

In Councill voted, y* y'' Gent" of y*' Counciil joyn with y" Com- 
mittee from y^ house of Representatives to congratulate Col. Bur- 
gess* on his arrival. 

April 7th, 1716. K. Waldrou, Cler. Con. 



[p, 12.] Pro. N. IIamp^ 

At a Councill & Gen' Asrcnibly held at 
Portsm" by adjornm', May 1st, 1716. 
Present, 
The Ilon^'* Geo. Yaughan, Esq., Lt. GovS 
Sam' Penhallow, i 
Jolni Plaisted, > Esqs. 
Mark Ilunking, ) 
Adjourned to to-morrow, 10 o'clock, A. m. 



Pro. K. Tlamx/. 

[Met according to adj' and adj'' to 
meet at 3 o'clock, p. h.] 

• Colonel Eliseus Burgef3, who had serve'l under General Stanhope, was by.hls rec- 
ommendation commissioned Governor of Massachusetts and New Hampshire, in 1715. 
Burges wrote a letter to the Assembly in July, in which he informed theiii of his ap- 
pointment, and of his intention to sail for America in the following month. But Sir 
William Ashurst with Jeremy Dnmmer, the Massachusetts agent, and Jonathan 
Belcher, then in London, apprehending that he would not be an acceptable person to 
the people of Kew England, i^rerailed with him, for the consideration of one thousand 
pounds sterling, which Dummer and Belcher generously advanced, to resign his Com- 
mission; and Colonel Samuel Shute was appointed In his stead to the command of 
both provinces."— Farm. Belle, p. 183. 



638 PROVINCE OF NEW-HAMPSHIRE. [1716. 

Pro. N. Ilamp'. 

Met according to adjornm'. 

Present, as before, 

Also Rob' Eliot, Esq. 

The Committee appointed for auditing y« publick accounts of 
this pro^^nce, made a report to y* boai'd of their proceedings in 
that affair, Avhich being read was sent down to the house of Rep- 
resentatives. 

Hugh Bantield i^'ferred a Petition to this board, w'^'^ being read 
■was sent down to the house of Representatives, together w"' a 
vote of Councill thereupon, pr. y^ Clerk. 

The Clerk was sent down to y^ house of Representatives w'*' a 
vote for suspending y*^ hearing of y<= case between Maj. 'N^'aughan 
and Edward Gate, till y*^ arrival of another Governor. 

Mr. Geo. AYalker p'sented a Petition to this Board, w'^'' was 
read. 

Both p'ties of y° Parish of Oyster river appeared at this board 
to p'secute y® affairs ab' y* Parish. 

Adj*^ to to-mon-ow, 10 o'clock, a. m. 



Pro : N. Ilamp''. 

Met according to adj' and adj"^ to meet at 3 
o'clock, p. M. 



[p. 13.] Pro: N. Ham p'. 

At a Councill & Gen' Assembly held at Portsm" 
by adjornmS May 3, 171G. 
Present, 
The Hon"" Geo. Vaughan, Esq., Lt. Gov', 
Rob* Eliot, ■) John Plaisted, ) 

Rich'* Waldron, > Esqs. Mark Huuking, > Esqs. 
Sam' Penhallow, ) 3 

The House of Representatives sent back Hugh Banfield's peti- 
tion to this board together w"" y'= vote of Councill thereab' not 
concurred w"', by Mr. Eph"" Marston, as also y^ vote for suspend- 
ing y« case between Maj. Vaughan & Edw'' Gate not concurred w*. 
The clerk was sent down to y^ house of Representatives w"^ y® 
Petitions & papers relating to y** differences at Oyster river. 

The Clerk was sent down to y^ house of Representatives, to de- 
sire them to come to y'^ Councill board to confer ab* y^ j)rinting 
y^ Laws, & ab* Maj. Vaughau's & Edw. Gate's case. 
Adjoru** to to-morrow, 10 o'clock, a. ji. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 639 

Pro : N. Hamp''. 

At a Councill & Gen' Assembly hold at 
Portsm" by adjornm', May y'^ 4"", 1716. 
Present, 
The IIon"^'« Geo. Yaughan, Esq., Lt. Gov% 
Pob' Eliot, ^ John Plaisted, J) 

Pich<i Waldron, > Esqs. Mark Huuking, > Esqs. 
Sam' Penhallow, ) j 

Mr. Eph'' Marston brought up y<= following vote to this board : 

In the House of Representatives, 
Voted, That y'' Lt. Gov'' & Councill may further continue y* ap- 
peal depending between Mnj"' Wm. Vaughan, Esq., & Edward 
Gate, any law, usage or custom to the contrary notw"'standing. 

Pr. Ord^ Theo. Atkinson, Clerk. 
4'^ May, 1716. 

Eod" die. In Councill. 

Voted a concurrence. 

R. Waldron, Cler. Con. 

[p. 1-4.] Major Gillmau brought up y"' following vote to this 
board : 

In answer to the Petition of Capt. Nath' Hill and the people of 
Oyster river, 

Voted, That y^ agreem' of y° toun of Dover w"* y' part of y« 
toun called Oyster river ab' maintaining a minister among them 
at their own cost & charge be confirmed; & that y^ new meeting 
house built there, be the place of y'^ publick. worship of God in 
that District, and established a distinct District w* all rights & 
privileges belonging to a Parish, w'^ full power & authority to 
call & settle a minister there & make assessm' for y* paym' of his 
Sallary & all other Parish charges, equally on y'= several inhabi- 
tants w'Hn y' district, & annually to chuse five p'sons, freehold- 
ers w'^'in said Parish, to make y'^ tax & manage all affairs of the 
Parish, & y' p'sons so chosen, w* a Justice of the peace of this 
Province, shall, whenever they see cause, call a Parish meeting to 
transact any matt" concerning y* Parish, & y' y*^ first meeting be 
on Monday y"^ 14'ii instant, at y^ afores'^ meeting-house, & y* John 
Thompson, y" present constable of that District, notify y" inhabi- 
tants y''''of ; and further, that all p'sons that have of late years paid 
to y^ minister there, shall continue to pay y'' proportion to liim y' 
shall succeed in s'^ office. 

4*'^ May, 1716. By order of the house of Representatives. 

Theo. Atkinson, Cler. 



6-10 PROVINCE OF NEW-HAMPSHIRE. [1716. 

Eod-" die. Tu Couiicill. 

Voted, a concurrence, His Hon'' y" L' Gov"" assenting- y''iO. 

E. AValdron, Cler. Con. 

Capt. Tim« Gcrrish p'sentcd a Tetition to this board, w''-^ was 
read. 

Adjourned to to-morrow 10 o'clocl^, a. m. 



Pro : N. Ilttmp^ 

At a Councill & Geu^ Assembly held at Portsm" 
by adjournnr, May 5, 1716. 
Present, 
The rIon'^-° Geo. Vaugliau, Esq., Lt. Gov', 
Rob' Eliot, ^ John Plaisted, ) 

Eich'i W Idron, > Esqs. Mark Iluukiug, > Esqs. 
Sam' Penhallow, j ) 

[p. 15.] The clerk was sent down to y"^ house of Eepresentatives 
with a bill for continuing y« case depending between Maj'' Vaughan 
& Edw. Gate. 

Mr. Marston brought up a vote to tliis board, for allowing y« 
Councillors 5s. per diem, during the time of Gen' Sessions. 

Sam' Penhallow & John Plaisted, Esqs., were sent down to the 
house of Represcatatives to confer w"^ y- house ab' amending y'' 
vote for allowing y^ Councillors 5s per diem. 

Col. Smith & Mr. Jeffrey brought up y"^ bill to this board ab' 
Maj. Vaughan's case, with some exceptions ag*' the same. 

Mr. JenVey brought up y"= vote for allowing y^ counsellors 5s 
per diem, w"^ this amendment (viz.), y' y<= Lt. GoV is inserted in 
s<^ vote w"^ an allowance equal to a memb"" of Councill. 

Col. Waldron & Col. Hunking together w"^ y"^ clerk, were sent 
down to y" house of Eepresentatives, to adjourn to Monday, y^ 
14"^ of y*^ inst. May. 



Pro : iSr. Hamp^ 

At a Councill & Gen' Assembly held at Portsm° 
by adjournm*, l^Eay M"\ 1716. 
Present, 
The IIon"''« Geo. Vaughan, Esq., Lt. Gov'', 
Sam' Penhallow, ? ,. ^^ John Plaisted, ? ^ 
Mark llunking, $ ^^^^- John Wentworth, \ -"^^^l^' 
Col. Jos. Smith & Mr. Geo. Jeffrey came to this board & de- 
sired in y« name of y« house of Eepresentatives, y' two Held pieces 
& one barr' powder might be sent into each toun w'Mn this Prov- 
ince. 
Adjourned to to-morrow, 10 o'clock, a. 3I, 



1716.] 



JOURNAL OF COUNCIL AND ASSEMBLY. 



641 



Pro : N. Hamp^ 

At a Councill & Geu» Assembly Leld at rortsm" 
bj' adjournm', May 16"^, 1716. 
Present, 
The Hon"'''' Geo. Vaughan, Esq., Lt. Gov"", 
Rich^i Waldvon, ? t^^^^ John Phiisted, ? ^ 
Sam' Peuhallow, S ^ ^lai-k llunking, S ^ 
John Wentworth, Esq. 
[p. 1 6 .] Mr. John Dam brought up y" following list of debts to 
this board, together w"' y*' votbs thereupon: 

Pro: N. Hamp% May P', 1716. 
No. 1. Col. Shadrach AValtou for Disbursm', &c., at 

Fort, £23 



2: 



18: 
14: 



00: 

38: 

02: 
00: 
55: 

75: 
14: 
25: 



00: 
15: 

12: 
08: 
00: 

00 
18 



12. 
13. 
14. 

The 



2. Col. Smith for Expenses, 

3. Capt. Josh. Wingate, for entert'"' of Lt. Jno. 

Usher, 4: 16: 

4. Mr. Treasurer Penhallow's acct. ab* mony p^^ 

Col. Smith for going to Boston, & added 

to his account No. 6, 
Mr. Treasurer Penhallow for disbursem*, 
Theo. Atkinson, Esq., for ser\dce in f'le house 

of Representatives, 
Benj. Akerman for going post to Newbury, 
Rich*^ Waldron, Jun., as clerk to the Council, 
9. Col. Thorn'* Packer for expences of y"^ Gov- 

ernm', 

0. Thorn. Phipps, Esq., for services as sheriff, 

1. Wm. Fellows, for expences of y*^ Governm', 
To the Committee for Supervising y« Laws, 

for sitting eight days, at 5s. pr. diem, 
wh'"of Rich'^ Gerrish, Esq., was absent 
two days, 13: 10: 

To the Committee of Audits for sitting four 
days, Col. Smith p'st each day. Col. 
Plaisted & j" clerk p'st three days, John 
Wentworth, Esq., & Mr. Jeffrey, p'st 
two days, & Col. "Waldron one day. 
Dr. Pike for medicines for y*^ lnd"% 
Capt. Phipps for copying Laws for y'^ Press, 
Geo. "Walker for his horse to Hampton, 18d., 

& Jno. Hooker for riding him, &c., 2s. 6d., 00: 04: 
Sum total is two himdred & seventy-four 
pounds, nineteen shilP & Id. £274:19: 1 

41 



03: 


15: 





09: 


0: 





05: 


0: 






642 PROVINCE OP NEW-HAMPSHIRE. [1716, 

1-i Maj^, 1716. This return is allowed of by y*' house of Repre- 
seutatives, & pray y' ord'" may be issued for paym' thereof. By 
order. 

Theo. Atkinson, Cler. 
In Council!. 

May 15, 1716. Voted a concurrence. 

Tl. Waldrou, Cler. Con. 

[p. 17.] Col. Waldron desired that inasmuch as j" town of 
Dover was now come to an agreem* the Petition p'ferred by Capt, 
Tim° Gerrish, May 3*^, 1716, for reconciling y« differences in that 
town might be withdrawn, Whereupon it was, 
In Councill 

Ordered, That y'= s'^ Petition be Dismist. 

E. Waldron, Cler. Con. 

Mr. John Hinkes p'ferred an account to y'^ Councill board, to- 
gether with a certificate out of y« Councill Records, bareing date 
May 15, 1716, w'^*' said account & certiticate being read at y"^ board 
were sent down to the House of Representatives. 

A Petition preferred May y'^ 3^, 1716, by Mr. Geo. Walker, was 
read and sent down to the house of Representatives. 

A. petition preferred by Mr. Geo. AYalker, May y« 2'^, 1716, was 
read, as on file. 

Capt. Rich'^ "Wibird bi'ought up a vote to this board ab' a Peti- 
tion y' was dismist by y*^ Councill : y'^ vote is on file, dated 'May 
15, 1716. 

Adjourned to to-morrow, 10 o'clock a. m. 



Pro : N. Hamp'. 

At a Councill & Gon> Assembly held at Portsm° 
by adjournmS May 16"^, 1716. 
Present, 
The Ilon"'!'^ Geo: Yaughan, Esq., Lt. GoV, 
Eich'^ AYaldron, ? -p, John Plaisted, ? -p 

Sum' Penhallow, S ^ Mark Hunking, ^ ^^ 

John "Wentworth, Esq. 
]\Ir. John Dam brought up a vote to this board ab' y'= mini Bters 
of Portsmouth, as on file, dated May y^ 16"", 1716. 
Adjourned to to-mori'ow, 10 o'clock A. M. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 643 

[The following from the Journal of the House, appears to be 
the vote above referred to.] 
For preventing of any future dipturl)ance and difTercnce that has 

or raav arise in y<= Town of Portsm" ab' v'^ ministers' sullarv in 

y*^ Town : 

Voted, That the subscribers to and constant hearers of y" Eev. 
Mr. Rogers, at y" new meeting-house, be Impowered and Inabled, 
by an Act, to support him there in the ministry, by an equal as- 
eessm'. on themselves ; and that they be excused paying any thing 
towards y'' support of any other minister in y<= s'i town,' itntill 
named and chosen by an Assembly of all y^' freeholders of y* 
town, according to an Act of Gen' Assembly "of y*^ 11"^ May, 17l4; 
and that y^ hearers of JNIr. Emerson have y*^ same power for rais- 
ing his sallary among themselves. 

Col. Smith desents against the above vote. 



[p. 18.] Pro:N. Hamp^ 

At a Councill & Gen' Assembly held at Portsm' 
by adjournm*, May 17th, 1716. 
Present, 
The Hou'"« Geo: Vaughan, Esq., Lt. Gov% 
Rich"^ Waldron, \ -p John Plaisted, ? ^ 

Sam' PenhalloAV, ] ^ Mark Ilunking, \ ^^^^^ 

John Wentworth, Esq. 
Col. Walton brought up three votes to this board, (viz.) A vote 
for repeating y'' iifteeu hundred pounds in the treasury ; a vote 
for continuing the Excise Act one year ; «fc a vote for a gratuity 
for killing wolves, w'^'^ are as follows : 

Upon perusal (ff y state of the Province by y'^ retui-n of the 
Committee for auditing y"^ Publick accounts, «fc by the Treasurer's 
memorial, find there will be but a small sum left in y^' treasury 
after the debts are paid, &c. 

Voted, That the fifteen hundred pounds uow in the treasury bo 
rex)eated for paym' of the Province charges, as shall be approved 
of pr. y'= General Assembly; & out of the remaining mony (if any 
there be) two hundred pounds be lett to the Lt. Gov'', Col. 
Vaughan & the rest to others, all on y'= like security, that the 
former iifteen hundred pounds was lent at: Messrs. AYear & Da- 
vis, a Committee of this house for letting out y" mony & taking 
security therefor. 

Messrs. Jeffrey & Atkinson, Committee of this House, to draw 
up an Act accordingly. 

By order of y^ house of Representatives, 
W^ May, 1716. Theo. Atkinson, Cler. 



644 PROVINCE OP NEW-HAMPSHIRE. [1716. 

In Couucill. 

Voted A concurrence ; & that Sam' Penhallow & John Plais- 
ted, Esqrs., joyn w"' y* Gent" above mentioned as a Committee 
for y'' service above s**. 

May 17*, 171G. R. Waldron, Cler. Con. 

[p. 19.] Voted, That the Act for Excise be continued for the 
ensuing year. 

By order of the house of Rei)resentatives. 
16 May, 1716. Tlieo : Atkinson, Cler. 

In Couucill. 
Voted A Concurrence w"^ y'" above vote. 

E. Waldrou, Cler. Con. 

May 18, 1716. 

Considering the Publick damage done in this Province by 
Tvolves ; for y^ Prevention whereof & incouragcm' of those that 
shall destroy them ; 

Voted, That there be out of the Publick Treasury paid to each 
p'son that shall bring a Certificate from y*^ selectmen of the town 
or parish w'^to they belong, that they have killed a grown wolf, 
fifty shillings, besides y^ bounty granted by each town. 

By order of the house of Representatives. 

16 May, 1715. Theo: Atkinson, Cler. 

In Couucill. 

Voted a concurrence w"' y"" above vote. 

E. Wftldron, Cler. Coun. 
May 17'!', 1716. 

The Clerk was sent down to the house of Representatives w"' a 
vote for an Act to be past for abateing one of the two thousand 
pounds (to be paid into the treasury this year) till j-^ year 1721, 
as follows : 

In Couucill. 
"Whereas there is two thousand pounds to be paid into the Treas- 
ury this p'sent year, 1716, by virtue of an Act of the Gen' As- 
sembly ; & whereas there is a very great scarcity of mony at 
this time : — 

Voted, That there be an Act past for suspending the paym' of 
one of the s"* two thousand (p. 20.) pounds into the Treasury, 
till the year one thousand seven hundred and twenty-one ; & that 
y' other thousand pounds be i:»aid according to the afores"^ Act, & 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 645 

y* Sam' Penhallow & John Plaisted, Esqs., be of a Comiuittcc for 
y'' service above. 

R. Waldrou, Clcr. Con. 
May 17, 1716. 

Concurred in the House of Eeprescntatives. Messrs. Jcifrey & 
Atkinson of this house for a Committee. 

Theo. Atkinson, Clerk. 

The Clerk was sent down to the house of Representatives w"^ 
the vote they sent up ab' an Act for Excise, for ameudm* ; also 
^Y^ a vote of this house for passing an Act for Impost & Excise 
for y*^ year ensuing. 

Col. Richard Waldron & Col. Mark Hunkiug, Esqrs., were sent 
down to the house of Representatives to confer ^with that house 
ab* their vote for an Act for Excise. 

Adjourned to to-morrow, 10 o'clock a. m. 



Pro : N. Hamp''. 

At a Councill & Gen' Assembly held at Portsm" 
by adjournm', May 18'*^, 1716. 
Present, 
The Hon'"''-' Geo. Vaughan, Esq., Lt. Gov% 
Ricli^i Waldron, ? -p.^^^ John Plaisted, ? -p„^„ 

Sam' Penhallow, \ ^^^^' Mark Hunking, <, ^^'l^' 

John '\Ventworth, Esq. 
Mr. Sam' Tibbets brought up a vote to this board for new pro- 
portioning y'" taxes of the several towns w"'in this Province. 

The Clerk was sent down to y" house of Representatives w"^ a 
vote for taking off y'' 5 pr. cent, for bringing this Province bills 
into }•* treasury ; which vote was returned, not coiicurred. 

James Davis, Esq., brought a vote to this Board ab' y*^ Petition 
p'ferred by Capt. Pickerin, May 15, 1716, together w*'" a certificate 
out of y'^ town Records of Portsm", relating to s'' Petition, which 
6'' vote & certificate arc on file. 

[Tho following is from the Journal of the House.] 

The Petition of Cap. Jno. Pickerin & others, read and con- 
sidered of; upon which, 

Voted, That is a scandalous Refiection and false accusation 
against y" selectmen of y"" town of Portsmouth, wlio have fairly 
settled the tovrn ace'' and brought them into Publick town meet- 
ing, and there voted to y*' satisfaction of y*= freeholders of s'' town, 
as appears by a certificate from y® Town Clerk. 



646 ' PROVINCE OF NEW-HAMPSHIRE. [171G, 

[p, 21.] Mr. Marston brought up a vote to this board ab* Gram- 
mar schools, w'^'^ was sent down p"" y'^ Clerk for amendment. 

The Councill this day voted a concurrence w"^ y" vote of y* 
house of llepresentatives, Dated X'"', 24, 1715, ab' y" disposition 
of y^ last year's Impost & Excise mony, w'^'^ votes are as follows : 

Voted, That considering y'' good service done to this Province 
by the Hon'^'"' the Lt. Gov"" Geo. Vaughan, Esq., by us gratefully 
acknowledged, but by i-eason of our poverty, and being several 
thousand pounds in Debt, we are not able at this time to retali- 
ate according to y" willingness of our minds, but would pray yo'' 
Hon'' at present to accept of y^ Income of one year's Impost & 
Kxcise already collected or to be collected from y* 10 of June last 
past, uutill y^ tenth of June next, as now established, p'' ord'' of 
y" house of Representatives. 

Theo : Atkinson, Cler. 

24"^ Decem'^^ 1715. 

May 18, 1716. In Council. 

Voted a Concurrence w'^ y" above vote. 

R. Waldron, Cler. Con. 

]Mr. Marston brought up y^ vote to this board ab' Grammar 
Schoolmasters, w"' y*^ necessary amendments, w'^^ was concurred 
w'*^ in Councill, & is as follows : 

"Whereas thei-e is an Act for keeping free Schools in each town 
in this Prov: for further encoui'agem* of learning: — 

Voted, That where any Parish is sett off from any town to 
maintain a minister by themselves, they shall have povr'' w'^^iu 
themselves to agree w"' a publick schoolmaster, & to build or hire 
a School house, as they shall think convenient; & during his 
being in s<^ Parish, they be excused paying to y'^ free school of y" 
town, provided it be a Grammar school. 

May 18'^, 1710. Pr order y"' house of Representatives. 

R. Wibird, Cler. pro tempore. 

Eodem Die. In Councill. 

Voted a concurrence. 

R. Waldrou, Cler. Con. 

[p. 22.] The Clerk was sent down to the house of Representa- 
tives w"' a vote for joyning y^ Isles of Shoals to N. Castle. 

The Clerk was sent down to the house of Representatives to lay 
three bills before that house in order to their being passed into 
Acts: (viz.) A bill ab' repeating y"= £1500 in the Treasury; ab' 
suspending y* paym' of one of y^ two thousand pounds to be 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 647 

brought iuto the Treasury this year ; & ab' Maj' Vaughan's case 
w* Mr. Gate. 

It being moved iu Couucill y* 'twas necessary for some capeable 
p'sous to oversee y<= Eepairs of y^ Fort, y« Councill desired his 
Hon'" y^ L* Gov"" & Col. Hunking to act in that affair. 

Adjourned to tomorrow, 10 o'clock A. M. 



Pro: N. Ilamp''. 

At a Councill & Gen^ Assembly, held at Portsm" 
by adjourum', May 19"^, 1716. 
Present, 
The Hon'^i" Geo. Vaughan, Esq. Lt. Gov', 

Rich'i Waldron, ? -p,^^ Mark Hatiking, ? t^„„„ 

John Plaisted, $ ^*^^- Sam' Peuhallow, S ^ 

Mr. Marstou brought up y^ following vote to this board con- 
curred w"^. 

In Councill. 
Voted, That y'= Inhabitants of y« Isles of Shoals shall joyn 
with N. Castle Inhabitants iu raising & collecting all public taxes 
for his Maj'ties service, for defraying j" publick charge of the 
Province ; & y^ Inhabitants of Isle Shoales afores<^ may appear at 
jS". Castle on y^ next publick town meeting, and then & there 
chuse an assess"" & constable for y'= Isles of Shoales, & shall be 
notifyed accordingly. 
May 18, 1716. R. Waldron, Cler. Coun. 

Concurred in y^ House of Representatives. 
pr ord^ Theo. Atkinson, Cler. 

[p. 23.] The three following bills were passed in both houses, 
& this day signed and sealed (viz.) : A Bill for continuing y^ 
case depending between Maj. Vaughan and Edw^ Cate; A Bill 
for suspending y« paym' of one of y'' two thousand pounds paya- 
ble into y« treasury this year, untill y<^ year 1721; and a bill re- 
peating y" fifteen hundred pounds in the treasury. 

So far gone, &c. ) His Hon^ the L* Gov' this 

& y« act for repeating > day dissolved y« House of 

£1500, & cutting off 1000. ) Representatives. 



648 PROVINCE OF NEW-HAMPSHIRE. [1716. 

Pro: N. Hamp*. 

At a Geu^ Assembly* held at Portsm" 
Aug*' 2P', 1716. 
Present, 
The Hon"" Geo. Vaughan, Esq. Lt. Gov', 
Rich^ Ti'aldrou, ? tj.__ John Plaisted, ? -p 

Sam> Peuliallow, I ^^l^' Mark Hujikiiig, S ^ 

John "Wentworth, Esq. 

]VIr. Sherriff Phipps made return of his p'cept for calling An 
Assembly w"' y'' names of y° several i^'sous elected to represent 
y° several towns w'Mn this Pro\ince, who are as follows : 

For Portsm°. Exeter. 

Eich'^ Gerrish, Esq., Capt. Jno. Gillman, 

Mr. Geo. JatlVey, Lt. Jno. Gillman. 

Mr. Rich'! Wibird. 

Dover. 

For Hampton. j^^^^^ ^^^^^^ ^^^^^ 

Col. Joseph Smith, Mr. Sam' Tibbetts. 

Maj. Peter Wear, 

Mr. Eph" Marston. lungs^. 

A-. Castle. ^^'- ^^^^ Eastman. 

Theo. Atkinson, ? -p iStratk'°. 

Shad. Walton, J ^^^«- Mr. Wm. Moore. 

JS^ewington. 
Capt. Jno. Downing. 

Col. Huuking & Jno. Wentworth, Esq., together w"" the Clerk, 
were sent down to the house of Representatives, to administer y'= 
oaths appointed by law to be taken, to y"' p'sons elected to rei^re- 
sent y'" several towns w'^'in this Prov : y"by to qualify them to 
serve his Maj"" in }-' capacity. 

[24.] The Clerk was sent down to the house of Representa- 
tives to desire their attendance at the Councill board: They came 
accoi'dingiy. Y'' Lt. Gov"" proposed to them y"^ clausing a speaker 
& settling their house, in order to their proceeding upon y'' 
King's service. Tlien y*^ Representatives withdreAV & made 
choice of Eich'^ Gerrish, Esq. for y'' speaker, who was well ac- 
cepted. Then his Plon'' y** Lt. Gov'' made y" following Speech to 

*The " Cotincil I " which heretofore has heen named in the I?ecord, is henceforth 
omitted. For -what reason unknown. It aiipeare, however, that^ a new Clerk wcs 
chosen, viz., Eichd. Wibird, 



171C.] JOURNAL OF COUNCIL AND ASSEMBLY. 649 

y'^ Gen^ Assembly, the house of llepi-esentatives being present at 
the Councill board : 

Gent. : I have had thoughts of convening an Assembly some 
time since, & tliink there is great occasion for one ; but the har- 
vest of hay & English corn .season caused me for a wliile to defer 
it, not being willing to injui-e any one, nor especially the publick 
good. 

The occasion of dissolving the last Assembly was very distaste- 
ful to me: y'"'' is a particular duty lyes on mo as on you: ou me, 
not to suffer y^ revenues of y« crown" to be lessened, & on you to 
support the honor and dignity thereof. 

Gentlemen of ye Lowr house: 

The matter of Impost is what every Governm' in y" world doth 
but we. I have all y^ inclinations imaginable to give full satis- 
faction to v*^ whole Governnv, & to this Assembly 'in p'ticular iu 
all things w'^'in my reach; but 'tis unhappy we cannot all reason 
alike. It would rejoice me y' care might be taken to rend"" y" Ad- 
ministration of Governm' e"asy, that Laws might be punctually 
observed, y* evils may be redressed, y' yovi will put trade & cus- 
tom on y'' foot which is just, and mav lessen the pulilick taxes. 

Gent" : I would have an Act past for y"^ Treasurer to state y* 
accounts of y" Province, that we may know w^' money has been 
emitted, how much paid in, how much burnt, how much lent, 
how much out. what revenue has been to y" Prov : this ten years 
by those two branches of Excise & impost, where the mouy is, 
& how imploved, v' we mav know our condition. 

[p. 25.] I hope'you wilfhavc regard to the state of y" Province 
in Gen', y' y" hon'^ of the King's government may be kept up & 
mav not be" lessened bv any sinister methods or faction. 

l" think it reasonable y' "pedlars & petty chapmen be provided 
ag^S by an Act oblidgin"g all & every Strang"" retailer of any com- 
moditv of ten pounds value, or that publickly shall sell to that 
value "of tilings inanimate, give security to answer their assessm' 
within everv town in this Province where the sales shall be made. 
I think it reasonable, y' those that stand by the stuff should have 
y^ benefit of traffick to enable them to support y honour of gov- 




Law be provided for v'= maintenance of y'= clergie & paym' out of 
y'' publick treasury, that tliey may be hoiiourably supported, & y' 
for y'^ future none'be called but by advice of y*^^ major part of those 
already settled, or such as shall be; & that each town w'4n this 
Proviiice that shall be destitute, shall be liable to a penalty pro- 
vided in B'l Act, believing many good consequences may attend so 
good an essay. I hold it necessary y' excise be settled by a law. 
I am of opinion y' y'^ Prov : has already lost two hundred pouudi3 
•for want of an Impost. I would lett you know y' yo"" powd"" house 
has been broken open & three locks forced. I hope you will be 
gratefull to Mr. Will™ Wallis, who has received & forwarded yo' 
addresses, &c; & y' they have been delivered to y'^ King and re- 
ceived very graciously'is evident pr y" Lond° Gazette. These, 



650 P£0V1NCE OF NEW-HAMPSHIRE. [1716. 

with other necessaries I hope j^ou'l do w*all imaginable dispatch, 
& y' no consideration may retard your good purposes. 

Geo. Vaughan. 

After the foregoing Speech was read, it wag delivered to y* 
Speak'' of the House of Eepresentatives. 
Adjourned to to-morrow, 10 o'clock, a.^m. 



[p. 26.] Tro. N. Hamp'. 

At a Gen' Assembly, held at Portsm" by 
adjournm', Aug. 22"!, 171G. 
Present, 
The Hon'^'« Geo: Yaughau, Esq., Lt. Gov', 
Rob' Eliot, ? ^^^^^ Sam' Penhallow, ? -p,^^„ 

Eich<i Waldron, ^ ^ Mark Hunkiug, j ^^^^• 
John Wentworth, Esq. 
Adjourned to to-morrow, 10 o'clock, a. m. 



Pro : K. Hamp'. 

At a Gen' Assembly held at Portsmouth, 
by adjournm',Aug. 23'^, 1716. 
Present, 
The Hon*'^'^ Geo. Vaughan, Esq., Lt. Gov', 
Rob' Eliot, J) Jolm Plaisted, j) 

Rich'' AYaklron, > Esqs. Mark Iluiiking, > Esqs. 
Sam' Penhallow, ) John Wentworth, ) 

James Davis, Esq., brought up an answer to y*^ Lt. Gov' Speech. 
Adjourned to 2 o'clock, p. M, 



Met according to adj'. 
Present, as before. 
Rich* Waldron & Jno. Plaisted, Esqs., were sent down to the 
House of Representatives to confer with that house upon some 
heads contained in their answer to y'' Lt. Gov" Speech, wf*^ s'' ans- 
wer was left AV* s'' house to be altered if they should see meet. 

The clerk was sent down to the house of Representatives w"^ a 
vote ab' tumiage of vessels, &c. 
Adjourned to to-morrow, 10 o'clock, a. m. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 651 

[p. 27.] Pro : N. Hamp'. 

At a Gen^ Assembly held at Portsm° by 
adjouriiiu', Aug. 21, 17 IG. 
Present, 
The Hon'bie Geo: Vaughan, Esq., Lt. Gov% 
Rob' Eliot, I ., ^^ Sam' Penhallow, ? -n,,^ , 

liichi AValdron, \ ^^^^- Mark Hunkiug, I ^^^'" 
John "Wentworth, Esq. 
Sam' Penhallow, Esq., &.y'= Clerk was sent down to y*" house of 
Representatives w"^ a vote for settling fees on y'= officers of y'' Ad- 
miralty, custom house & on y*' naval officers ; also to recommend 
to their consideration y^ alteration of some of y® fees already setr- 
tied. 

Mr. Mai'ston brought up the following answ"' to y"= Lt. Gov" 
Speech, w* Such alterations as y" House of Representatives saw 
meet to make, since y"' s'^ answer was left w* y*^ house to be recon- 
sidered. He also brought up to y<= board y^ Councill's vote ab« 
tuunage of A'essels — not concurred w'^. 

In Answer to his Honrs. Speech. 

TV'e are sensible of y"= duty incumbent on this house to i)rovide 
for defraying y** publick charge of y"" Pi'ov : & to support y'' hon"" 
& dignity thereof, which we are of opinion is most reasonable to 
be done by an equal tax on all p'sons & estates w'^'iu the Same. 

"We find pr. y** Journal of this house there has been Standing 
Committees from time to time, Avho have examined all y*^ treasui*- 
er"s accounts, w"^^ upon their return have been approved of &o ac- 
cordingly voted pr. y^ Gen' Assembly; but all accounts Since such 
vote, we expect to inspect into, & desire y' y'' treasurer lay them 
before this house seasonably; & that he forthw* make a calcula- 
tion of what Sum of bills of credit of this Province have been 
omitted, what have been returned into y*^ treasury, what burnt, 
what repeated, & what lett out & to whom, & y* times limitted 
when y'= whole is to be called in. 

[p. 28.] The Act already in being ab* swearing town officers, 
we are of opinion is sufficient, & as to calling town meetings, we 
think y^ Law has made sufficient provision therefor ; as also for 
pay™' of ministers eallaries.* 

Pr. Ord' of v*' house of Representatives. 

Aug. 22^ 1716. R. Wibird, Clerk. 

• The House made two alterations in their first answer to the Lt. Got.'s Speech. (1) 
After the first paragraph : " That this house doe not proceed on an Act of Impost 
for the ensuing year. " (2.) After the third paragraph — " but, that there be An Act 
drawn up oblidgiug such town or parishes that shall willfully neglect to call and 
■ettle an orthodox minister, to pay toward the Support of ye ministry in the Town or 
Parish they sprang from, or to the neighboring Town, after six months such neglect." 



652 PROVINCE OF NEW-HAMPSHIRE. [1716. 

Pro : N. ^amp^ 

Met according to adjourum*. 
Present as before. 

Col. Rich"^ Waldrou & Col. Mark Hunking, Esqs., were sent 
down to the house of liepresentatives to recommend to their con- 
sideration y'' presenting- his Hon'' y*^ Lt. Gov"^ av'^ the sixty pounds 
w^h would have been due to his Excellency Col. Dudley, had not 
Col. Vaughan published his Lt. Gov"" Commission & taken upon 
him y" administration of y'' governm*. . 

The Clerk was sent down to the house of Representatives av* 
a vote for drawing up of forms & p'esidents for ouths, writts, 
summons, &c., in order to be printed. 

LIr. Marston brought up a vote to this board ab' providing for 
Col. Shute's reception. 

Joseph Davis p'ferred a petition to y"^ Gen' Assembly for an Act 
to be passed for a special court, that he might have his tryal for 
accidentally killing a child. The petition being read at y*^ Coun- 
cill board, it was sent doAvn to y" house of Representatives pr. y" 
Clerk. 

Capt. Jno. Gillman brought the following vote to this board 
from y= house of Repi'esentatives concurred with. 

[p. 29.] In Council]. 

Voted, That there be p'sidents & forms of oaths, writts, sum- 
mons, &c., considered and draAvn up by a Committee of both 
houses in ord"" to be printed with y'' body of Laws. 
Aug'' 24, 1716. R. Waldrou, Cler. Con. 

2-i'^ Aug*'', 1716. Concurred w"^ in y" house of Representatives. 

R. Wibird, Clerk. 
Adjourned to 10 o'clock to-morrow. 



Pro : N. IIamp^ 

At a Gen' Assembly at Portsm° by adjournin' 
Aug^' 25«S 1716. 

Present, 
The Hou"'''= George Vaughan, Esq., Lt. Gover"", 
Rob' Eliot, j) John Plaisted, J) 

Ricli'' Waldrou, > Esqs. Mark Huuking, > Esqs. 

Sam' Penhallow, ) John Vrentworth, ) 

Maj'' Wear & Capt. Gillman came to this board, to pray in be- 
half of y« house of Representatives, y' Avhei-eas it was Saturday , 
& notlaing lying before that house, that they might be dismist. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. G58 

The Clerk was sent down to y« bouse of representatives w"* a 
vote of Councill for lodging y'^ bonds y' are y" security for y« niouy 
lent out of y" Treasury, iu some uninterested p'sons bands. 

Mr. Tibbets brought up y*^ following vote to this board, con- 
curred with. 

In Councill. 

Voted, That the Committee appointed to supeiwise & collect a 
body of Laws for y'^ press,, be y'^ Committee for drawing up y' 
forms and p'sidents for oaths, writts, summons, &c. 

Aug-^' 24, 1716. 11. Waldron, Cler. Coun. 

Concurred, — Pr. order of bouse of Ileprcseutatives. 

R. Wibird, Clerk. 

Mr Eastman brought np a vote to this board for Capt. Gerrish's 
keeping y*^ bonds given for y" security of y" mony lent out of y* 
Treasury, w<=^ vote was returned by y'^ clerk not concurred w'^. 

Prorogmed to Wednesday, y« 12, 7^', 1716. 



[p. 30.] Pro : N. Harap'-. 

At a Gen' Assembly held at Portsm°, by Proro- 
gation, Sept. 12, 1716. 
Present, 
The Hon'"<> George Yaughan, Esq., Lt. Gov% 
Eichi Waldron, ? t^^^„ John Plaisted, ? -p.^q 

Sam' Penhallow, \ ^^"^^^ Mark Hunking, ] ^^"l^- 

John Wentworth, Esq. 
Adjourned to to-morrow, 10 o'clock, a. h. 



Pro : N. Ilamp'. 

[Met according to adj*,— Present as before 
Except John Plaisted, Esq.] 

Mr. Sheriff Phipps made a representation to this Board of yo 
deficiencies of y« Goal in writing; w'='^ being read, was sent down 
to y® house of Representatives pr. y^ Clerk. 

Tim'^ Davis, jun'", presented a Petition to this board, directed to 
y» Gen' Assembly, against Walton Hull's becoming a banckrupt, 
w^*^ being read was sent down to y'^ house of Representatives 
pr. y® clerk. 

Col. Smith brought back Tim° Davis's petition from y« house of 



654 PROVINCE OF NEW-HAMPSHIRE. [1716. 

Eeprosentatives, & gave j^ opinion of that liouse (viz.), y' AYal- 
tou Hull, y'^ s'^ Tim° Davis's Deb'', could have no benefitt by y« 
Act ab' bauckrupts. 

Adjourned for two hours. 



Pro : N. Ilamp'. Mett again according to adjournm'. 
Pi'esent in Councill 
as Before. 
The Clerk was sent down to y"^ house of Representatives w''" a 
vote for swearing all town officers. 

Mr. Jn° Gillman returned y« vote ab' swearing town officers to 
tills board, concurred w"^, as follows : 
In Councill. 
[p. 31.] Voted, That all town officers for y*' future shall be sworn 
before a Jus' of Peace, before they enter upon y<= execution of 
their respective offices. 
Sept. 13"', 1716. R. Waldron, Cler. Con. 

Concurred w"' in y^ house of Representatives, 

R. Wibird, Cler. 
Adjourned to to-morrow, 10 o'clock a. m. 



Pro : X. IIamp^ 

At a Gen' Assembly held at Portsm° 
by adjournm', Sept. W^, 1716. 
Present in Councill, 
The Hon"''^ C4eo. Yaughan, Esq., Lt. Gov"", 
Rich'' Waldron, ? -p Mark Ilunking, ? -j^ 

Sam' Penhallow, \ ^^^^- Jno. Wentworth, <, ^^ -i*^' 

The Clerk was sent down to y'= house of Representatives w"^ a 
vote for running all y^ town boynds w"'in this Province, w'^'^ vote 
was returned from y^ house of Representatives to y^ Councill 
board, not concurred w*,* pr. Mr. Eph" Marston. 

The Clerk was sent down to y« house of Representatives w"' a 
vote ab' y'^ reception of Col. Shute. 
Adjourned to to-morrow, 10 o'clock A. m. 

* The following vote was passed by the House Sept. 13th. 

Voted, That ye bounds of each Town & parish within this Pro : shall be run & bounds 
Keuewed once ia three years; and that the Proprietors of all unfenced lands that aro 
in common, shall run ye lines once in two years, tlie same to be done by ye Lot layers 
of each Town or Parish, under penalty, and the party refusing or neglecting shall for- 
feit twenty shilliugs for every neglect. 

Pr. order of the House.' 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 655 

Pro : N. Hamp'. 

At a Gen^ Assembly held at Portsni", by ad- 

journmS Sept. 15'", 1716. 
Present in Councill, 
The Hon'''^ Geo. Vaughan, Esq. Lt, Gov'', 
Rich"! ^yaklron, ? ^^^^ John Plaisted, ? -r. 

Sami Peuhallow, \ ^^l^" Mark Hunking, \ ^"^*- 

John Went worth, Esq. 
His Hon'' y'= Lt. Gov'' laj^ed a memorial before this board, ab' 
settling new townships & running a highway from Kingston to 
Northfield. 

[p. 32.] Sam' Penhallow and Mark Hunking, Esqs., were sent 
down to the house of Representatives to lay y'= memorial ab' lay- 
ing out new townships before the House, & to desire their speedy 
dispatch of any matters lying before them. 

The following vote was returned from }•* house of Representa- 
tives to this board concurred with. 

In Councill. 
Voted, That Mr. Treasurer Penhallow make pro\ision for the 
reception of Col. Shute, w^bcn he shall arrive in this GovernmS & 
y* mony be reserved in y*^ treasury therefor, (viz.) one hundred 
pounds, & y' those Gen' appointed to wait on Col. Burgess,* in 
case he had come o'' Gove' to congratulate liim on his arrival, bo 
desired in like manner to wait on Col. Shute, w° he shall arrive^ 
to coniplim' him in behalf of this governm'. 

Sept. 14, 1716. R. YAildron, Cler. Con. 

Voted a concurrence in y'^ liouse of Representatives. 

R. Wibird, Clerk. 

The house of Representatives answer to y° sheriff's remon- 
strance ab' y« Goal, is, y' there is care already taken ab' s'^ Goal, 
w"^" answer is on lile, dated 7'"' 15, 1716. 

The house of Representatives sent up a vote to this board for 
suspending y^ consideration of laj-ing out a new highway to North- 
field, & making new touns, till next sessions. 

Adjourned to Thursday, 27* inst. 

* See Council Eec, Oct. 27tli & 23tb, 1715, NotG. 



656 PROVINCE OF NEW-EAMPSHIRE. [1716. 

[f. 33.] Met and adjourned to 28*. 

Pro : iST. Hamp^ 

At a Gen' Assembly held at Portsm" 
by adjournm*, Sept. 28"^, 1716. 
Present in Councill, 
The Hon'"« Geo. Vaughan, Esq., Lt. Gov% 
EichMYaldron, 7^ John Plaisted, 7^ 

Sam' Pcnhallow, S ^ Mark liunking, I ^^l^* 
John Wentwortb, Esq. 
Capt Jn" Gillman brought up y^ Act ab* fees to this board & de- 
clared y' y'^ house of Representatives are satisfycd w"^ y' Act as it 
now is, & y' they will not proceed to alter it.* 
Adjourned for 2 hours. 



Pro: N. Hamp'. 

Met according to adjournm'. 
Present in Councill, 
As before. 
Mr. Marston brought up a vote to this board about printing y° 
table of fees. 

The Clerk was sent down to y° house of Eepi'esentativcs w* a 
vote for amending y'' table of foes & then to have them printed, 
&c. 

Mr. Jno. Gillman brought up a vote to this board for altering 
y^ place of y^ Courts sitting w*'^iu this Province, 
Adjourned to to-mon-ovf, 10 o'clock, a, m. 

[The following is the vote of the House.] 

"WTiereas the Courts have been kept, formerly at the several 
towns within this Province, w'^'^ must needs be a benetitt to tho 
Towns wliere they ai-e holden. 

Voted, That for the future the Courts be kept at the times and 
days by Law appointed, and at the several Towns as followeth, 
viz: 

At Portsmouth, the two Courts of Governor & Councill to lay [?] 
Appeals, as also one Superi'" Court of Judicature in y" month of 
Februarj^, and the Genera] Quarter Sessions of tlie Peace, with 
the Inferior Court of Common Pleas following the said Sessions 
of Peace, to be kept in the month of Decemb'', annually. 

At Hamilton, one Superior Court in y" month of August, tho 

* Votod, That the Law for regulathig the fees bo printed with the other Lawe. 
Journ. of noust. 



1716.] JOURNAL OF COUNCIL AND ASSEMBLY. 657 

General Quarter Sessions of Peace & Inferiour Court, following 
in the month of Sopf Annually. 

At Dover, the General I (^uarf Sessions of Peace Avith the fol- 
lowing- Inferiour Court above said in the month of June annually. 
At U.veter the General (Quarter Sessions of the Peace iV- y'= fol- 
lowing Inferior Court of Common Pleas in the month of March 
yearly. 
Pr. Order of the House of Representatives. 
Sept. 28"% 1716. 
Desents from this Vote, 

Rich<^ Gerrish, 
Geo. Jaffrcv, 
KichMVibird, 
Jn" Downing-. 

Journ. of House. 



[p. 34.] Pro:N. Hamp^ 

At a Gen' Assembly held at Portsm'^ 
by adjournmS Sept. 29''^, 1716. 
Present, in Councill, 
The Hon'"« Geo. Yaughan, Esq., Lt. Gov% 
Eic"* Waldron, ? ^ John Plaisted, ? ^ 

Sam' Penhallow, S ^*^^- Mark Hunking, ^ ^^^^• 
John Wentworth, Esq. 
Sam' Penhallow and Mark Hunking, Esqs., together w"" y*" 
Clerk, Avere sent down to the house of Pepresentatives to adjourn 
them to Wednesday, y« twenty-fourth of October next ensuing. 
Adjourned to y'^ 2-^^^, 8^"" next. 



Pro : X. Hamp^ 

8'^'- 2-1, 1716. The Gen' Assembly was Prorogued to O'"' 21 . The 
Gen' Assembly is again prorogued to 10'"' 5. 



Pro : N, Hamp^ 

Dec. 5, 1716. This day y« House of Representatives Avas dis- 
solved. 

42 



658 PROVINCE OF NEW-HAMPSHIRE. [1717. 

Pro : X. Hami/, 

At a Geu' Assembly held at Portsm" 
January tlie tenth day, 171C-7. 
Present, 
His Excellency Saml. Shute,* Esq., Gov"", 
His Hon"" Geo. Vaughan, Esq., Lt. Gov% 
Sam' Penhallow, j) Theo. Atkinson, j) 

John Wentworth, > Esqs. Geo. Jaffrey, > Esqs. 
Kich' Gerrish, ) Eich^ AYaldron, ) 

Tho. Westbrook, Esq. 
This day his Excellency the Gov"" took y* oath of abjuration, as 
also did Geo. Taughan, Esq., Lt. Gov"', and Sam' Penhallow, John 
"Wentwortli, Rich'^ Gerrish, Theo. Atkinson, Geo. Jaffrey, Rich'^ 
Wibird & Tho. AYentworth, Esq., & Subscribed the Same. 

Tho' Pliipps, Esq., high Sheriff, made return of y*' Assembly 
men chosen to represent the Severall tov/ns of this Province, 
"whose names are as follows : 

Porfsnio. Dover. 

[r. 35.] Col. J}io. Plaisted, Capt. James Davis, 

Capt. Geo. Wallcer, Mr. Sam' Tibbets. 

Mr. Eph=' Dennct. JS\ Castle. 

Hampton. Capt. Jotham Odiorn, 

Col. Jos: Smith, Capt. Hugh Reed. 

Maj. Pet' Weare, Kingston. 

Mr. Epli'^ Marston. Mr. Sam' Eastman. 

Exeter. Stratham. 

Capt. John Gillman, Capt. Andrew Wiggiu. 

Lt. John Gillman. yewington. 

Mr. Jn° Dam. 
The Sherift' was sent down to y" House of Representatives to 
call them to y® Couucill- board, who came accordingly, where 
were administered to them y'= oaths instead of y"" oaths of allegi- 
ance and Supremacy; also y*= abjuration oath, which they sub- 

* Samuel Shute, Governor of ^Massachusetts & New Hampsliire, was the son of an 
eminent citizen of London. His mother was the daughter of Mr. Caryl, a dissenting 
minister of distinction. His early education was under the care of Charles Morton. 
From London he was sent to Leyden, and afterwards entered the army of King Wil- 
liam, served under Marlborough and became a Lieutenant. He was wounded in one 
of the principal battles in Flanders. Arriving at Boston as Governor, Oct. 4, 1716, in 
the place of Dudley, he conthuied in office a little more than six years. He first came 
to .New Hampshire, October 17th, 1716. [See Council i?«?c.. Vol. II, p. 695.] As the 
Kecords serve to show, his administration was embittered by animosities among the 
Councillors, by conflicts of opinion with Lt. Gov. Vaughan, and by opposition from the 
Representatives. He returned to Euglaml, in January 1723, and died April 15, 1742 
aged 80 y€ars. [Allen's Biog. Die.]— Kd. 



1717.] JOURNAL OP COUXCIL AND ASSEMBLY. 659 

scribed to; vr^^ matter being liui.shed,liis Excellency desired thcni 
to w"\lraw & settle their Iiouse, w^^ they did, & afterward p'sent- 
ed John Plaisted, Esq., y« Speaker, who was well accepted. [Jos. 
Smith was chosen Clerk.*] Then liis Excellency made a Speech 
to both houses, a copy whereof was delivered to y^ Speaker of y*^ 
House of Representatives. It is as follows : 

Gentn: It is to me a great pleasure & Satisfaction y* his 
Maj"'' has been pleased to make; me Gov"" over a Province where 
y*^ "people have always si<4'nalised themselves in their duty and 
Loyalty to their Prince. Give me leave to assure you, y' one now 
fills y'' throne of Great Brittain, in wliose royall p'son all virtues 
are liiett, w*^"^ in their proper turns shines forth in stroni^ liijht; a 
Prince whom God has graciously caused to trample upon y'' necks 
of his unnatural enemies, Avho conspired against him and his royal 
family, even without y^ least semblance of reason; so that by 
y'' preservation of y'^ illustrious house of Hanover, the dai-k & 
gloomy shades of Popery and Slavery w'''^ were surrounding us 
from every side are dispersed, & we have now bright and happy 
views before us of y" long enjoym' of y'' most valuable blessings 
of life, our Religion <fc Liberty. 

Since therefore, under his Maj'"'^'* most auspicious reign we en- 
joy such pi'otectiou &; happiness, I question not but we are mctt 
this day w"' minds fully disposed to do everything that may be 
for his Maj"'*^^ service <& y'' good of this Province. 

I shall therefore principally recommend to you, that in your sev- 
erall stations you will endeavour to extirpate vice w'^'' tends so 
much to y'^ dishonour of God and our Holy Religion; that virtue 
may meet w* its just revv'ards, & that if there be any divisions 
among you they may be amicably adjusted. 

I also' recommend' to you that all the Laws already made be 
duely putt in execution, [p. 36.] and if you can think of making 
any "new ones that may promote your trade and credit, and thereby 
render this a happy and flourishing Province, you shall be always 
sure of my hearty concurrence. 

Genh. "There is one thing the king has strictly commanded me 
to observe to you, w'^'^ is, that tho*^ there has been two acts Parlia- 
ment made iuEngland, & a very good Law here for y*' preserva- 
tion of the Pine trees tliat are or may be serviceable for his Maj'-^^ 
Royal Navy, yet still great wasts are committed in the woods of 
this Prov: "of New Hampshire. 

I make therefore no doubt that out of a just regard to his 
-Jaj''" command, & also to your own interest, w"^^ in this affair is 
so happily linckt to that of Great Britain, that his Majesty's pleas- 
ure will be for y'= future entirely comijlyed with, and the offenders 
punished. 

Gentm. of the Iiouse of Representatives : 

It is to your most immediate care that matters relating to y*^ 
support & defence of this Prov: belongs; w*^*^ I, therefore, reconi- 

* The Assembly Booke & papers sent for to Capt. Richard Wibird, the late Clerk, 
who delivered them to the Speaker.— /oum. of House, 



660 PROVINCE OF NEW-HAMPSHIRE. [1717. 

mend to you; find T question not that since I assure you thai I 
am arriv^ed here with hearty intentions to p'serve you in all your 
rehgious & civil rights, to do you all the good I can, & to guard 
against what maybe hurtfull, tliat you will also think w' may be 
necessary for my support. 

Sajil. Siiute. 
Jan. lO'h, 171G-7. 

Adjourned to Friday next, 10 o'clock, a. m. 



Pro: N. Ilamp': 

At a Gen' Assembly held at Portsm" by 
adjournm' Jan. 11*^, 1716-7. 
Present, 
His Excellency Sam' Shute, Esq., Goyernor, 
His Hon' Geo : Vaughan, Esq., Lt. Gov'', 

Sam' Penhallow, "l Theo. Atknison, "l 

Mark Hunking, I ^^ GeorJatlrey, 1^ 

John Wentworth, f ^^l^' Shad. Walton, f ^•^^^• 

Richi Gerrish, j Rich'' Wibird, j 

Tho. Wentworth, Esq. 
This day Mark Hunking, Esq., Mr. Sherrif Phipps & Eich*^ 
Waldron,* Cler. Gou: took y" oathes of abjuration and subscribed 
the same. 
Adjourned for 2 hours. 



[p. 37.] Met according to adjournm'. 

Present as Before. 

Rich'' Waldron, Esq., Judge of Probate, appeared at y" Coun- 
cill board & prayed the advice of His Excellency the Gov 
Councill ab' granting letters of administration to y® creditors of 
y^ Estate of Sir Charles Hobby, deceased. 

Adjourned till tomorrow, 10 o'clock, a. m. 

* This was a son of Col. Richard WaMron, and a grandson of Major Richard, who 
was killed by the Indians in Doror, 1CS9. See more particular notice of him at hi.s 
decease in 1753. 



1717.] JOURNAL OP COUNCIL AND ASSEMBLY. 661 

Pro : N. Hamp'^ : 

At a Gen' Assembly held at Toi-tsmo ]jy 
adjourm' Jan. 12*, 171G-7. 
Present, 
His Excellency Samuel Shute, Esq., Gov"^, 
Plis Honf Geo: Vaughan, Esq., Lt. Gov"", 
Sam' Penhallow, ) Theo. Atkinson, J> 

Mark Tlunking, > Esqs. Geo. JaflVey, > Esqs. 

Jn" Wentworth, ) IJich* Wibird, ) 

Sam. Penliallow & John Wentworlh, Esq. were sent down to 
the house of Representatives to inform y' house that Rich'' AVal- 
dron, Esq., Judge of Probate, had been at y« Council Chamber to 
pray y" advice of his Excellency & Council in a matter that is 
now before him as Judge of Probate (viz.), the granting letters of 
administration to y'' creditors of the estate of Sir Charles Hobby, 
dec"!, to ask their thoughts on this matter. 

This day his Hon"- the Lt. GoV & the Councill took an oath to be 
faithful Councillors, as also y" oath of secresy. Thomas Phipps, 
Esq., high sheriff, & Rich'' AYaldron, Cler. Con., took also y<^ oatli 
of secresy, and Benj. Akerman, the door-keeper. 
Adjourned till Monday next, 11 o'clock a. m. 



Pro : N. Ilamp'. 

At a Gen' Assembly, held at Portsmo 
by adjournm' Jan. 1-i*, 1716-7. 
Present, 
IVIark Hunking, j^ 
Shad. AValton, > Esqs. 
Rich'' Wibird, ) 
Adjourn'! till 3 o'clock, p. m. 



Pro : N. TIamp'. 

Mett according to adjournm'. 

Present, as before. 
Adjourned till tomorrow, 10 o'clock a. m. 



662 PROVINCE OF NEW-HAMPSHIRE. [1717. 

[f. 38.] Pro;2;r. ^amp^ 

At a Gen' Assembh^, held at Portsm*' 
by adjourn' Jau. 15*, 1716-7. 
Present, 
His Excellency Samuel Shute, Esq., Gov"", 
His Hon"" George Vauglian, Esq., Lt. Gov'', 
Sam' Penliallow, ^ Theo. Atkinson, ^ 

]\[ark Hunking, > Esqs. Shad. Walton, > Esqs. 

John Wentworth, ) Eich'^ Wibird, ) 

Tho. Westbrook, Esq. 
Mr. Ei)h^ ]\[arston brought up a vote to this board for laying a 
duty on y* importation of European Goods. 

Eich'i Gerrish, Esq., made y"^ following motion at the Council 
Board (viz.). That whereas he had the bonds in his custody w*^'* 
were given for y" security of the £1500 lett out of y*" treasury; 
and the house of Keprescntatives demanding the same, he i)rayed 
the advice of His Excellency the Gov"' and Councill thereupon: 
upon which it is 

In Councill, 
Ordered, That the s'' bonds be delivered by him to the s*^ house 
of representatives ; and accordingly, Thom^ Westbrook, Esq., is 
desired to go down to y*^ house of Representatives w"' y*^ s*^ Eich*^ 
Gerrish, Esq., to see the same effected. 
Adjourned till 3 o'clock p. m. 



Pro : N. Hamp'. 

Met according to adjornm'. 

Present, as before. 

Eich'^ Gerrish, Esq., laid a receipt before this board, signed by 
the Clerk of the House of Eeprcsentatives, for y^ several bonds 
given for y"^ security of £1500 lett out of y*= treasury, &c., de- 
livered by him to the house of representatives,* which receipt y*^ 
said Gerrish took again to himself. 

Adjourned till tomorrow, 10 o'clock, a. m. 

"* Tho house ordered, "That said bonds for ye present be lodged in the hands of 
Joseph Smith, untill further order by vote of the house." 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 663 

[p. 39.] Pro : N. Hamp^ 

At a Gen* Assembly held at Portsm" 
by atljournm' Jan. 16"% 171G-7. 
Present, 
His Excellency, Samuel Shute, Esq., Gov% 
His Hon'' George Vanghan, Esq., Lt. Gov% 
Sam' Penhallow, "l Geo. Jaftrey, "l 

Mark Hunkiiio-, I „ Shad. Walton, ■ I ^ 

Jiio. Wentwortli, f ^^^^' liiclri Wibird, f ^^'^' * 

Theo. Atkinson, j Tho. Westbrook, J 

Adjourned to 3 o'clock r. sr. 



Pro: N. Hamp'. 
Met according to adjournm'. 

Present, as before, 
also, Kicli'i Gerrish, Esq, 
Mr. Marston brought up a vote to this board for a Committee to 
supervise the Laws in order to have the remaind'' of them printed ; 
& ab' Collectors' and Naval officers' fees. 

Mr. Nowell, of York, came to y« Couucill board & informed his 
Excellency that there was several Indians uowj coming over the 
ferry to wait on his Excellency: upon which it "was 
In Councill 
Ordered, That they be severally allowed 2*^ per diem, for 3 days, 
if they tarry in town so long. 

P. Waldron, Clcr. Con. 

The Clerk was sent down to y« house of Representatives w''^ a 
vote for a duty on Exportation of lumber. 
Adjourn'^ till tomorrow, 10 o'clock, a. ^r. 



[p. 40.] Pro : X. Hamp'. 

At a Gen' Assembly, held at Portsm" by 
adjournm*, Jan. 17"^, 1710-7, 
Present, 
His Excellency, Samuel Shute, Esq., Gov"", 
His Hon'' (reorge Vaughan, Esq., Lt. Gov^ 
Mark Hunkiuir, ? y Theo. Atkinson, } -^ 

Jno. AYentworth, ^ ^'-'l^- Geo. Jaffrey, S ^" 

Pich<i Wibird, Esq. 
Capt. Geo. Walker brought up y^ vote for a duty on lumber, not 
concurred w*, as on file, Jan. 16, 1716-7. 



664: PROVINCE OF NEW-HAMPSHIRE. [1717. 

The Clerk was sent down to the honse of representatives to call 
them to the Councdll board in ord'' to a conference ab' Col. AVal- 
dron's proposal in granting letters of administration to y'^ credit- 
ors of Sir Charles Hobby, deceased. They came accordingly ; Col. 
Waldron being" sent for, appeared also. 

The result of the Conference is that Col. AValdron is advised 
not to grant letters of Administration to tlie creditors of y"^ estate 
of Sir Charles Hobby, deceased, for the present. 

Adjourned till tomorrow, 10 o'clock a. m. 



Pro : N. Hamp'. 

At a Gen' Assembly held at Portsm" by 
adjournm' Jan 18, 171G-7. 
Present, 
His Excellency Sam' Shute, Esq., Gov, 
His Hon' Geo. Vaughan, Esq., Lt. Gov"', 
Sam. Penhallow, ^ Geo. Jaflrey, ^ 

Jno. Wentworth, >Esqs. Shad. Walton, > Esqs. 

Rich'' Gerrish, ) Eich'^ ^Mbird, ) 

Thos. Westbrook, Esq. 
One of the members of the liouse of representatives brought a 
resolve to this board for Mr. Treasurer Penliallow's accounts 
being laid before tliat house; also, a vote for calling the Gent" to 
an account that had the £1500 out of the treasuiy, for their not 
paying their money according to their bonds. 

Mr. Treasurer Penhallow Avas sent down to the house of repre- 
sentatives to give them satisfaction about liis accounts. 

In Councill. 

Advised, That the Gen*"^ tliat had the [p. 41.] £1500 out of the 
treasury, and gave bonds for the same, go into y'^ house of repre- 
sentatives in ord' to satisfy that house in that matter. 

Salathiel Denbow p'sented a petition * at this board, directed to 

* Petition, ^'c. 
To his Excellency, Samuol Shute, &c. 

The humble Petition of Salathiel Denbow, a Pore Souklicr Imprest Into the eervice 
of sd Province, on the late Cannada Kxpeilition: Sheweth; that your humble Peti- 
tionr Dill in the service of this Province ia the late Cannada Expoditioii, receive a Rup- 
ture in his thigh at Spanish river, in Cape Bretoone; and, whereas there hath formerly 
smart-money (1) been allowed him, in hoi)es that he might be ji'fectly cured & Enabled 
to get his own Living; & tho' the country hath been at charge for the cure, yet your 
Petitionr hath alsoe been at great charge to several Docktors & loss of a great deale 
of time & undergou a great deal of Paine and ^Misery, and cannot find heli> from any 
to make a cure of it, soe that your Petitioner is wholly disable from getting his Living. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 665 

the Geu^ Assembly ab' his being wounded in the late war, v,"^ 
was read at y" board. 

Kich'^ Gerrish & Geo. JelTrey, Esqs., were sent down to the 
house of Represeutatives w* their bill for an impost on importa- 
tion of liquors, * &c., not concurred w*. 

The clerk was sent down to y'= house of representatives w* Sa- 
lathiel Denbow's Petition. Adj-^ to 3 o'clock, f. m. 



Pro : N. Ilamp''. Met again according to adjournm'. 
Present, — as before, 
also, Theo : Atkinson, Esq. 
Adjourned till to-morrow, 10 o'clock, a. m. 



Pro : N. Hamp'. 

At a Gen' Assembly held at Portsm° 
by adjournm', Jan. the 19"^, 1716-7. 
Present, 
His Excellency, Sam' Shute, Esq., Gov', 
Mark Ilnnking, "^ Geo. Jeffrey, j) 

Jno. Weutworth, > Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) Theo. Westbrook, 5 

Mr. Dam brought Salathiel Denbow's Petition to this board, to- 
gether w''^ a vote for granting y'' s*' Denbow ten pounds, &c. Y'^ 
vote was concurred w"' in Councill, and is as follows : 

Voted, That y*^ i)etitioner Denbow be allowed ten pounds out 
of the treasury for his relief, and that he be allowed liberty to list 
himself a soldier at Fort Wm. & Mary, if y^ Capt. of s'' Fort 
think him capeable, & y' y* said ten pounds be delivered to the 

Therefore Humbly prayes yor Excellcie & tbe Generall Assembly to allow bim jome 
pensii)ii yearly to help support him ; as in yor wisdome you shall see meet, and your 

Petitioner shall ever pray, &c. 

liis 
Salathiel X Dexbow. 
marii. 
Portsmoin New Hampr, Jan. ye 18tb, 1716-7. 

(1) Money allowed for soldiers and sailors in tbe English service for wounds and in- 
juries received. — IFeb. Die. 

*In tbe house, — " Voted, That a duty of impost be laid upon liquor imported into 
this Province from beyond sea: (viz.) ten shillings for ever}- blid. of Rum ; eight shil- 
lings for every Pipe of Pj-all wine; ten shillings for every pipe of Mailira wine; six- 
teen shillings for every pipe of Canara or Pasadawine; and for all European goods 
one penny sterliug in tbe pound. And to continue for one year, allowing one twelfth 
part for leakage of ye liquor." 



666 PROVINCE OF NEW-HAMPSHIRE. [1717. 

selectmen of Dover, to be disposed of for tlie use of s'^ Demnore, 
as the Major part of them shall [f. 42.] see meet. 

Read three tunes and past by the honse of Representatives & 
sent up for concurrence. Jan. 19*, 1716-7. 

Joseph Smith, Clerk. 
In Councill. 

Voted a concurrence. 

Jan, W^, 1716-7. R. Waldron, Cler. Con. 

Mr. Dam brought to this board a vote for removing y* Courts of 
Justice to Hampton, Dover, &c. 

The Clerk was sent down to y^ house of representatives w"^ y 
vote of that house ab' Collectors' & Naval officers' fees, &c., for 
amendni'. 

Capt. Davis brought a vote to this boai'd from y'' house of rep- 
resentatives for drawing a new table of fees, w'^'' was concurred 
w"' in Councill. It is as follows: 

Voted, That a Committee of both houses be chosen to super- 
vise the laws not yet printed ; and also, to draw up an Act for 
regulating all officers' fees, as well Collectors' and Naval officers' 
fees as others, in order the Act be printed as soon as may be.* 

Read three times and past by the house of representatives & 
sent up for concurrence. 

Jan. 19: 171G-7. Joseph Smith, Clerk. 

Eodem die. In Councill. 

Voted, A concurrence w* y*^ above vote, & appointed y' Geo. 
Jeffrey & Jno. Weutworth, Esqs., be of a Committee from this 
board for y'' service above. 

Pr. ord''. R. "Waldron, Cler. Con. 

Voted, That Col. Joseph Smith & Maj. Wear be a Committee to 
joyn with y'' Committee of y"^ Upper house for drawing up the 
Act. Jos. Smith, Clerk. 

Adjourned to Monday next, 3 o'clock, p. m. 

*See Laws, witli fees, &c., together, in this vohune. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 667 

[p. 43.] Pro : N. Harap'-. 

At a Gen' Assembly held at Portsm" by ad- 
jourum*, Jan. 2P', 1716-7. 
Present, 
His Excellency, Samuel Shute, Esq., Gov"", 
His Hon'' Geo. Vauglian, Esq., Lt. Gov', 
Sam' Penhallow, j^ (rco. Jetfrev, ^ 

Mark Hanking-. V Esqs. Eicli'' WibiVd. > Esqs. 

Jno. Wentv.-orth, ) Tlio. Westbrook, ) 

Adj'' till to-morrow, 9 o'clock, a. m. 



Pro : N. Hamp"". [Met according to adjourum*.] 
Present, — as before. 
(Except Jno, Wentwortb & Mark Ilunking, Esqs.) 
Adjourned till to-morro^^-, 9 o'clock a. h. 



Pro : N. Hamp''. [Met according to adjournm'.] 

Present, 
His Excellency Sam' Shute, Esq., Gov'', 
His Hon'' Geo. Yanghau, Elsq., Lt. Gov"", 
Sam' Penhallow, "j Geo. Jaffrey, "] 

Mark Hunkiiig, I T?,^a Shad. Walt^^n, I ^ 

John Weiitworth, f ^^^^- Kich'' AVibird, f ^^"l^" 

Theo. Atkinson, J Tho^ Westbrook, J 

His Excellency the GoV having w^drawn himself from the 
Councill board, it was moved y' y" Councill ought to give an an. 
svrer to his Excellency's speech ; wliercupon, it was 

In Councill 
Voted, That it should be so, & y' Sam' Penhallow & Geo. Jef- 
frey, Esqs., be a Committee to draw up y'' same. 

E. Waldron, Cler. Con. 
Lieut. John Gillman brought up four votes to this board from 
y" house of representatives (\'iz.) : a vote about the distribution of 
y^ Law books ; a vote for a Committee to audit y^ publick ac- 
counts of this Pro\ince; a vote for p'senting his Excellency the 
Gov'' w* two hundred pounds, & a vote for continuing all y« Xew 
Hamp'' bills of creditt in the treasury that are [p. 44.] there ; w*^*^ 
votes ab' the bills in the treasury and distribution of the Law 
books were sent down by Rich'' Gerrish and Theo. Atkinson, 
Esqs., for amendm'. 

John Wentworth, Esq., was sent down to y^ house of represen- 
tatives to desire y"' to reconsider their votes ab* giving the Gov"" 



668 PROYINCE OF NEW-HAMPSHIRE. [1717. 

two hundred pounds, w'^^ is fifty pounds sliort of Avliat has been 
heretofore p'sented. 

The Clerk was sent down to the house of representatives w* y* 
vote of that house for a Committee of auditt concurred w"", &c., 
for an addition to be made to s"^ vote (viz.) who tlie Committee 
should be. The vote is as follows: 

Voted, That a Committee out of both houses be chosen to re- 
ceive y'' claims and adjust y^ Province debts, in order to their 
being laid before the Assembly for allowance. 

Read & past by the House of Eepresentatives & sent up for 
concurrence. 

Jan. 2'i^, 171G-7. Joseph Smith, Clerk. 

Eodem die. In Councill. 

Voted, a concurrence, & further voted that Eich<* Gerrish and 
Geo. Jeffrey, Esq., be of a committee from this board for that ser- 
vice, as also John Wentworth, Esq. 

R. Waldron, Clerk Con. 

Voted a concurrence, and also voted, that Col. Jno. Plaisted, 
Col. Joseph Smith & Mr. Hugh Read joyn w* the p'sons of the 
ujiper house for y** aftair aboves'^. ,^ 

Joseph Smith, Clerk. 

Aeljourned to 3 1-2 o'clock p. ir. 



Pro. iST. Hamp^ 

Met again according to adjournm*. 
Present as before. 
This day the house of Representatives made an answer to his 
Excellency the Gov" speech, which was read at y° Councill board, 
as followeth: 

3Iay it please your ExceUency : 

We heartily congratulate yo'' Excellency upon yo' safe arrival 
into this Prov: over which his Majesty has been graciously pleased 
to constitute and appoint youerself Gov''; and we must always, 
with all humble gratitude, acknowledge his Majesty's tavor in giv- 
ing [r. 4.5.] us a Gov"" of so good chasacter; nor can we omitt to 
adore the Almighty God, who, by his over-ruling Providence, 
even to a miracle, has seated on y^ British throne a King every 
way accomplished w* all royal virtues & graces, notwithstanding 
the utmost etForts of his enemies abroad, & his most unnatural & 
rebellious subjects at home, to p'vent the same; Avhich gives us a 
fair view of good and peaceable days for a great Avhile to come. 

We thankfully take notice of your Excellency's good advice for 
y^ extirpation of %ace and encouragement of virtue, & shall en- 
deavour, in our several stations, to promote the same, w'''' will be 
best eflccted by y* Magistracy's putting the penal laws in execu- 



1717.] JOURNAL OP COUNCIL AND ASSEMBLY. 669 

tion. As to divisions among- ns, we mnst confess there lias been 
too much of that, but we are hopeful by yo'' Excellency's good 
advice that may be brought to an end, whereby yo'' Excellency 
will acquire to yourself that blessing due to peacemakers. 

As to v« complaints made to yo"' Excellency of a great waste 
made in y« woods of Pine trees fitt for his Majesty's Navy, we say 
that as soon as Lt. GoV Vaughan arrived, <fc finding no officer for 
surveying the woods, he immediately, by ami with the advice of 
y<= Councill, appointed p'sons in the several parts of y*^ Prov : to 
take care tliat no waste was made, & the same care is still taken, 
so v' we believe that complaint is altogether groundless, and that 
liis'Majestv's interest in that matter is better preserved than ever 
it was by any officer sent from England at a great charge to y° 
crown. 

As to w' relates to the support & defence of the Governm*, we 
shall in due season take that into consideration, & no less w' 
relates to yo''Excellencv : being sensible of the burthen of Goverm* 
that lyes on your shouldicrs, M'"^ we shall endeavour to alleviate to 
y*^ utmost of our abilities. 

AYe are also thoughtfull of o'' L' Gov% whose administration has 
been to general satisfaction, before yo"" arrival & since, when yo' 
Excellency has been out of the Province ; but our circumstances at 
p'seut not coming up to our desire, we pray he may have some 
other office of prolitt than he hatli at p'sent for his hon>''^ support, 
uutill we can be enabled to do farther for him; & w* more shall be 
thought necessary at this sessions, we shall enter upon w"'out ad- 
mitting longer delavs. 

We have one thing more to give your Excellency to understand 
as a grievance throughout v'^ Province, in y' some of the (Jcnt" of 
the Councill, approved for their loyalty and abilities, by y« misrep- 
resentations of some p'sons not well affected to the Goverm'* ; 
w"='' we are humbly of opinion is [r. 46] an abuse to the Crown, a 
weakening to yo"" "Excellency and a damage to the Province. 

It only remains that we pray God Almiglity for a blessing upon 
your Excellencv's administrations, that they may have always a 
tendencv to God's glorv, y« King's honor, and the peace and pros- 
perity of the Province, that the Inhabitants thereof may live quiet 
and peaceable lives in all godliness and honesty. 

John Plaisted, Speak'". 

Read tbree times in the house of Rep- 
resentatives & past. Ordered to be 
sent up. Jos. Smith, Clerk. 

Adjourned till to-morrow, 10 o'clock a. m. 

* This sentence seems to be incomplete. But in relation to the " grievance " spoken 
of, Belknap says : — " When Governor Shute came to the chair, several of the old 
counsellors were laid aside, and six new ones appointed, all of whom were inhabitants 
of Portsmouth." "The Assembly remonstrated agahist the removal of the old coun- 
sellors, and the contining of the new appointments, both in the Council and the Judi- 
cial Courts, to residents in one town, as being contrary to former usage, and giving an 
advantage to the trading, above the landed interest." — Ed. 



670 PROVINCE OF NEW-HAMPSHIRE. [1717. 

Pro f X. Ilamp''. 

At a Geu' Assembly lield at Portsm" 
by adjourm', Jan. 24''", 171G-7. 
Present, 
His Hon' Geo. Vaugban, Esq., L' Goy^, 
Jolin Wentwortb, i Geo. Jattrey, ^ 

Bicb'' Gerrish, > Esqs. Sliad. Walton, > Esqs. 

Tbeo. Atkinson, ) Kicb'^ Wibird, ) 

Tho. Westbrook, Esq. 
Tliis da_ytbe Councill voted a concurrence w"^y'' representatives' 
vote for giving tlie Gov"" tvro bundred pounds. Tho vote is as fol- 
lows : 

Voted, that his Excellency Gov"" Slmte be p'sented w"^ two hun- 
dred pounds in bills of credit, to be paid out of y"^ treasury, n"^ 
we pray bis Excellency to accept. 

Kcad three times in y^ house of representatives and past. Sent 
up for concurrence. 

Joseph Smith, Clerk. 
Jan 22-1 1716. 

In Councill. 
Jan. 24* 1716-7. 
Voted a concuri'ence w"^ the above vote. 

E. AValdron, Cler. Con. 

The Clerk was sent down to the house of Representatives w"^ 
a vote for rej)ealing y*= act for making lands and tenements lyable 
to y'^ paym' of Debts. 

Maj'' Wear came to this board in behalf of y"^ house of Repre- 
sentatives, to pray an answ"" to y^ vote of y' house ab' removing 
y® courts. 

Adjourned to 3 o'clock, p. Ji. 



[p. 47.] Pro: N. Hamp^ Mett according to adjourm'. 
Present, 
His Excellency the Governour, 
and others as before. 
The Clerk was sent down to the house of representatives w"* 
a vote of Council] ab' y^ distribution of Law books, together with 
the vote of that liouse i-elating to that matter not concurred "w"^. 

The Clerk was sent dow^n to y'^ house of i*epresentatives w"" y' 
vote of that house ab* the removal of y" Courts not concurred w'^ 
in Councill. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 671 

Capt. Odiorne brought up a vote to this board from y" house of 
representatives for y'' makeing- tcu thousand pounds bills of 
creditt, &c., w'^^ was concurred w"' in Councill and is as follows : 

Whereas there is great want of a medium to carry an end y"^ 
trade and commerce of this Province, & for encourageni^)f which, 

Voted, That ten thousand pounds Province Bills be emitted and 
printed for y'= use aforesaid, on a fund of y^ Estates of this Prov- 
ince, & that it be lett out for twenty-three years to come, and that 
every town (if they see cause) have its proportion, according to 
the last Province rate, and to be sett at five i^er cent for twenty- 
three years ; each p'son paying five pounds yearly & every year, 
for twenty-three years, shall acquit him and heirs, &c. forever both 
of y^ Principal & interest ; & that a committee of both houses be 
appointed and impowered to manage this afiair, both in making, 
signing and letting out this money; and that all orders by them 
made be observed by each town, and that y^ first year's ijiterest 
be paid in hand towards y" defraying y'' charges of s*^ committee 
in making and printing said Bills ; and y' y*= committee be allowed 
reasonable satisfaction for their care and pains therein, and that 
no p'son be allowed to take more than three hundred i:)ounds, & 
none less than ten ; and that land security be given for double the 
value of y'' mony so lett, & if any p'son neglecting or refusing to 
pay y*' five p"" cent yearly, and every year as abovs*!, in such case 
the land so mortgaged for y*^ mony lett shall become forfeited to 
the committee for y° use of y" Province, and it shall be in y'= pow'' 
of the committee to make sale thereof by way of outcry, w*"^ sale 
shall be good in law to all intents and purposes w'soever, any law 
or usage to y** contrary notwithstanding — the Commitee retaining 
the over plus of w' such land sold for to y'' mortgager, his heirs 
or assigns, and that no p'son be sutfercd to have more than three 
hundred [p. 48,] pounds of the Province mony, at one time, 
(unless y** whole committee agree thereunto) , and that every per- 
son paying at any time y*^ Principal and interest shall take up his 
security, & that it be paid in this Prov: Bills. 

Read three times and past by a vote of y* Representatives. 

Joseph Smith, Clerk. 

Jan. 24.^^ 1716-7. 

Eodem die. In Councill. 

Yoted a concuiTcnce "w"' y"^ foreg'oing Vote. 

R. Waldron, Cler. Con. 

Capt. Odiorne brought a vote to this board from y^ house of 
representatives, for a committee to draw up y*^ Act ab' printing y" 



672 PROVINCE OF NEW-HAMPSHIRE. [1717. 

ten thousand pounds, &c., which was concurred w"', and is as 
follows : 

Voted, That Col. John Plaisted, Esq., «fc Capt. James Davis be 
a committee to joyn av"' two of y« ui)per house for drawing up y"^ 
Act ab' bills of Creditt toj)o stamped, &c.; 

Jos. Smith, Clerk. 

Jan. 24, 1716-7. 

Eodem die. In Councill. 

Voted, That Theo. Atkinson and Rich'^ Wibird, Esq., be of a 
Committee to joyn w"' y' Gentl" above for the service abovesaid. 

R. "Waldron, Cler. Con. 

Adjourned to tomorrow, 10 o'clock a. m. 



Pro. N. Hamp'. 

At a Gen' Assembly held at Portsm° 
by adjourm' Jan. 25, 1716-7. 
Present, 
His Excellency Sam' Shute, Esq., Gov"", 
Sam' Penhallow, "l Geo. Jeffrev, "j 

Mark Hunkiiig, I f.^^^^ Shad. Walton, t. 

John Wentworth, f ^^'^^' Rich'' Wibird, \ ^^^''^ 

Rich" Gerrish, J Tho. Westbrook, j 

!Mark Hunking, Geo. Jeffrey and Shad. Walton, Esqs., were 
sent down to the house of Representatives, to recommend to them 
y*= consideration of pi'inting fifteen instead of y^ ten thousand 
pounds voted to be printed, &c. 

[p. 49.] The Clerk was sent down to the house of represen- 
tatives w"' a vote of Councill ab' Capt. Westbrook's laying out a 
ti'ain field in y*^ Plains, &c. 
Adjourned to 3 o'clock p. m. 



Pro : N. Hamp'. 

Met according to adjorm*. 

Present as before. 

John Denison, Esq., p'ferred a Petition to this board directed 
to y« Gen' Assembly in behalf of & signed by Mr. Daniel Rogers* 
of Ipswich, to have a special Act past, allowing y« Petitioner to 
review an action at law ag"' y'= commoners of Hampton. 

* Mr. Daniel Rogers was minister of Ipswicb, Mass. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 673 

The Clerk was sent down to the liouse of representatives w* a 
vote for laying- out a new higli -sAay from T'ortsm'' to ILinii)tou. 

The Clerk was sent down to y'^ house of rcpi'esentatives to call 
them to this board in order to a conference. 

The House of Representatives sent a memb'" of y' house (viz.), 
Maj'' AYear, to this board to pray to know upon what head y'^ con- 
ference was to be. 

Upon whicli y" Governor commanded their attendance at y*^ 
Council Chamber. They came accordingly & conferred ab' y« 
Conmiittee for letting- out y® new mony. 

Capt. Walker brought up y« following votes to this board con- 
curred w''* in y^ house of Representatives (viz.), a vote ab' Capt. 
"Westbrook's hmug out a train field, &c., a vote for repealing y^ 
Act for making land and tenements lyable to y'' paym' of Debts, 
and a A'ote ab' y" distribution of y*' Law books. 

In Councill. 
Voted, That if Thos, "Westbrook, Esq., shall (for an accommo- 
dation of drawing up y*^ militia of town or Pro^'ince) lay out or 
cause to be laid out, six acres of land suitable & accommodable 
^yth ye iai^j_-[ already laid out at y« Plains in Portsm", between 
Brewster's & Sherburu's, to be to y" use of the Publick as aboves* 
forever, that then & in such case, after s'^ confirmation, he, the s* 
Westbrook, shall forever hereafter have the liberty of keeping the 
only Publick house there, either by himself or another, paying to 
his majestic, [p. 50.] his heirs and successors, twenty shillings pr. 
annum. 
Jan. 25"% 171G-7. R. Waldron, Cler. Con. 

Voted, in Concurrence, Joseph Smith, Clerk. 

In Councill. 
Whereas there is an Act of y« Gen^ Assembly of this Province, 
entituled an Act for making land and tenements lyable to y<^ 
pajon' of debts ; & whereas the time limited in s'* Act for y'' re- 
demption of any land or tenement after an execution is leveyed 
on the Same is seven years, w'^'' is of very p'necious consequence 
& a great damage to the creditor, &c., 

Voted, That s'^ Act be repealed & that y« time of redemption 
shall be no more than two years in y*-' room of seven. 
Jan. 24«>, 1716-7. R. Waldron, Cler. Couu. 

25"\ Voted a concurrence w"^ y*^ above. 

Jos. Smith, Clerk. 
In Councill. 
Voted, That y'^ Law books be distributed among y^ sevevall 



674 PROVINCE OF NEW-HAMPSHIRE. [1717, 

towus of this Province in proportion according to tlicir last Prov : 
tax, except two books w='' shall be for y« nse of y'' Gov"^ & Coun- 
cill & lionse of representatives. P. Waldrou, Cler. Coun. 

Jan. 24"\. 1716-7. 

25*, concurred w"' by y^ House of representatives. 

Joseph Smith, Cler. 

Adjourned till to-morrow, 9^ o'clock, a. m. 



Pro : X. llarnp''. 

At a Gen^ Assembly held at Portsm" 
by adjourum*, Jan. 26"^, 1716-7. 
Present, 
His Excellency Sani> Slmte, Esq., Gov% 
His Hon'' George Vaughan, Esq., Lt. Gov', 
:Mark Ilunking, ) Geo. JofiVey. j) 

Pich'i Gerrish, V Esqs. Puch'' AVil)ird. > Esqs. 
Theo. Atkinson, ) Tho. Westbrok, ) 

The Clerk was sent down to the House of representatives w"^ a 
Petition p'ferred to this board by Mr. Denison, in behalf of Mr. 
Daniel Rogers; also w"' a vote of Councill there about. 

[p. 51.] The Coiuicill Answer to the Gov"^^ Speech Avas tliis day 
read at j" Councill board, as followeth: 

3fai/ if please your Excellency : — 

It is w"^ inexpressible joj-, y' after the serene conduct and ad- 
ministration of Col. DudleV,*our late Gov"", we can see yo'" Excel- 
lency now sitting at y^ helm of aftairs in this Province. 

And we cannot but adore y*^ divine Sovereignty in directing his 
most gracious Majestv to establish one over us Avho is every 
way so agreeable &" so well accomplished to rule and govern. 

Your Excellency's noble conduct while in y'^' tield of Battle, 
your braverv and courage in defence of British liberties, & y® 
Protestant interests, w"' y*^ many otlier illustrious virtues trans- 
parent in you, do seem to us as so many guarantees under God of 
uur future tranquillitv. 

And when we consider y" peculiar steps of Divine Providence 
in bringing his most sacred Majesty to y^ imperial throne of Great 
BritainT & since that, by enabling him victoriously to trample on 
the necks of liis unnatural enemies, we doubt not but y'= Same 
Providence will so establish him & liis most noble progeny, as 
that the Pioyal scepter may never depart y*^ most illustrious house 
of Hanover. 

In a peculiar manner we acknowledge your Excellency's great 
care & zeal in recommending to us y"" extirpation of vice &^ pro- 
moting of virtue, w'' bv divine assistance we shall endeavour to 
ellectr& as much as in lis lies, acconnnodate y^ Small divisions that 
have of late happened, y' so unity may be increased, y"^ name of 
God honoured. & our most Holy" Peligion advanced. 



1717,] JOURNAL OF COUN'CIL AND ASSEMBLY. G75 

And as to that important article of preserving pine trees for \° 
suppl}- of his Maj"'*^* Royal Navy, we shall henceforward esteem 
it our Duty more narrowly to observe & by all means pi'eveut 
such destruction thereof as has been of late. 

As to y'' support of yo"" Excellency while in the Governm^ we 
no ways doubt but y*^ House of representatives will take etfect- 
nal care thereof, being assured y' in every respect you'l study to 
advance our religious & civill Interests. 

Signed in presence & pr. ord'' of ve Conncill. 

Jan. 25, 1716-7. "Tr. 11. Waldron, Cler. Con. 

[p. 52.] Capt. "Walker brought up Mr. Eogers' petition p'ferred 
to this board, pr. Mr. Denison, together w"' y** vote of Couucill 
thereabout, not concurred w"^. 

Capt. "Walker brought up a vote to y" board from y'^ House of 
representatives for a Committee to lett out y^ ten thousand pounds 
voted to be i)rinted, &c. 

Five members of the House of Representatives were sent to 
this board, to bring an address from y' to the Gov'' W'' was read 
as follows : 

To his Excellency, Saml. Shufey Esq., Govr.-in- Chief of his 
Mafties Prov: of JVeu^ Hampshire, c6c. 

We. the Representatives of his Maj"'^^ Prov: of N. Hamp"", ask 
leave humbly to inform yotir Excellency of y^ State and condi- 
tion of this liis Maj""''^ Prov : the late warrs were very prejudicial! 
and almost insupportable ; many hundreds have fell by the sword; 
great desolations made; the people ready to forsake out towns, 
driven from their habitations & scarce capeable as yet to resettle 
tliemselves, so that they were cloatlied with Poverty; & y*' Prov: 
greatly plunged in debt & cannot come out, and the taxes are ex- 
traordinary for many years to come. However, we are chearfully 
willing to wade through these difficulties & do our utmost for y« 
support of y^ Coverm' & Hon"" of the Crown by a Support to your 
Excellency according to ourpow"". 

We ask leave to remonstrate some things w*^'' deeply atfect us: 

1*^'. We say that when his Maj"'''^ first sent a Commission over 
to sever us from y** Mass", y" Councillors nominated & appointed, 
resided proportionally in each town of the Prov: and have more 
or less continued so till now, when some of our experienced, just 
and good men are laid aside, and y^ whole number residing w^'Mn 
two miles or therea'^' one of another, w'^'' we believe liis Majesty 
was not informed of; w'^'' hath been the occasion of great dltler- 
ences and animosities, & w'='' may further produce inconvenience, 
if not timely p'vented, y'^ Conncill consisting principally of merch*' 
& traders, whereby the revenue due to y*^ Crown by' an impost 
is wholly obstructed. 

2"*^. And tho' we have endeavoured an impost several times, it 
has been opposed by those now in y« Conncill, so y' y" burthen 
lyes wholly on y*^ farmer and labourer, who till of late "have lived 



676 PROVINCE OF NEW-HAMPSHIRE. [1717. 

in y^ haszavd of tlicir lives, & many brong-lit to desolation & pov- 
erty; whereas y<^ settlement on onr late Gov"" was on a fand of 
Excise & Impost, w'^'' impost is now wholly denyed & the [p, 53.] 
trading- part no ways assisting in lightening y*' land tax. 

3"^ Our Courts are all kept at Portsmouth, — whereas formerly 
they were held at y^ other towns ; likewise our Judges are mostly 
of s^ Portsnr\ whereat we cannot but be grieved, and humbly 
pray yo"" Excellency's favour to consider' tliese things & so repre- 
sent w' is p'per to his most excellent Majesty, that we may again 
rejoice in y" royal favour we formerly enjoyed; that Councillors 
and Courts may be in each town as formerly and that we may 
not always be outdone by Gent" in trade, to the great discontent 
& uneasiness of the farmers & labourers; & that what other things 
are proper to your Excellency, may be so ordered that Ave may 
participate w* our neiglibors in all priviledges, & we shall ever 
be ready to do our utmost to strengthen your Excellency's hands 
& make y^'goverm' agreeable to your desires & to the ijrosperity of 
A'* Inhabitants' interests therein, &c. 

Voted & past by y*' House of Representatives & ordered to be 
delivered to his Excellency, Gov"" Shute, &c., by five members of 
this house. Jan. 25"% 1716-7. Joseph Smith, Clerk. 

Adj. to Monday, 9 o'clock, A. M. 

[From Journal of the House.] 

Voted, That this house pray liis Excellency the Govern% Col. 
Shute, do lay the Eemonstrance of the greivanccs of the Kepre- 
sentative body of the good people of this Province, olfered to 
your Excellency this present session, maj^ be laid before the King, 
in hopes of redress, as soon as convenience will permit your do- 
ing it. And what charge your Excellency may be at, we have 
past a vote to defray. 

Voted, That his Excellency be defrayed the charge thereof. 

Read and past by the house of llei^resentatives. 

January :2b, 171G-7. Joseph Smith, Clerk. 



Pro: N. Ilamp'. 

At a Gen' Assembly held at Portsm" by ad- 
■..^ ^ journm* on Monday, y<= 28"^ Jan., 1716-7. 

Present, 
His Excellency Samuel Shute, Esq., Governour, 
His Hon'' George Vaughan, Esq., Lt. Governour, 
Mark Hunking, "I Geo. Jeftrey, "] 

Jno. Wcntworth, I -^^^^ Shad. Walt"on, ! -^ 

Rich^' Gerrish, [ ^^^^- Rich'i. Wibird, \ ^^^^^ 

Theo. Atkinson, J Tho"* Westbrook, 

Adjourned to 2 o'clock r. m. 



1717.] JOURNAL OP COUNCIL AND ASSEMBLY. G77 

Pro : N, Ilarnp'-. 

Met according to adjournm'. 

Present, as before, also 
Sam' Penhallow, Esq. 

Sam' Penhallow & Mark Ilunkiug, Esqs., were sent down to y* 
house of Eepresentatives w"^ y*^ vote of that house ab' y commit- 
tee for printing-, signing & letting out y* ten thousand pounds, 
voted to be printed, &c., [p. 54,] for amendm'. 

Mr. Dam brought up a vote to this board from y'= house of Rep- 
resentatives, desiring his Excellency the Gov"^ to lay y^ grievances 
of that house before the king ; w'^*' was non-concurred with in 
Couucill. 

Capt. Odiorue brought up y** votes of Representatives ab' y" 
Committee for letting out y^ money sent down by Sam' Penhallow 
& Jno. Wentworth, Esq., for amendm', with an under-written 
resolve that it should not be altered : Whereupon it was voted a 
non-concurrence w"* s'' vote in Councill, & the same sent back to 
the house of Representatives by the clerk. 

Jno. Wentworth & Geo. Jeffrey, Esq., were sent down to the 
house of Representatives w* the Clerk to read to them y'' Gov''" 
answer & y*^ Councill's answer to their address to the Governour : 
w*^'^ was as follows : 

Gent^: . I received yo' Address of y'= 25"^ inst., & assure you 
that I am always willing to give due attention to all just com- 
plaints made by the lower house to redress the grievances of the 
Province. I am but lately arrived amongst you & therefore un- 
capable of making a proper answer myself; do tliorefore refer it 
to the Councill, wlio are more knowing and acquainted w"^ the 
aifairs of the Province, whose answer is as follows: (viz.) 

Sa5i. Siiute. 

3fay it 2:>lease i/our Excellency : 

In y'' Representatives' Address are sundry suggestions and in- 
sinuations w'^'^ are highly reflecting on liis most Excellent Majesty 
in y'^ nomination of this Councill, and on your Excellency in ap- 
pointing y"^ Judges in this Province, w*^*^ is altogether unparlia- 
mentary, tending to destroy all good understanding between y*' 
two houses, & to obstruct all things proper and necessary to be 
done for his Majesties' service and good of this his Province ; 
wherefore in honour and duty to y** king & your Excellenc}^, Sc 
for y" good of this goverm', we can't but resent, & in obedience to 
your Excellency humbly crave leave to make this reply to the s'' 
Address. 

It is true y^ late warrs were very destructive to many of his 
Majesties good subjects of this Province, & in a great measure 
obstructed its increase & settlement; notwithstanding the great 
charge thereof & many hundreds that have fallen by the sword, 



078 PROVINCE OF NEW-HAMPSHIRE. [1717. 

yet it hath pleased Almighty God to be so iiropitious to us that our 
iininbcrs are much iucreased, our trade abiuidautly greater, <fc 
state & couditiou of y*" people iu general much more advanced in 
"Nvealth, & thereby better enabled to pay y'' future taxes. 

[p. 65.] Tho' it was his Majesties pleasure to appoint y^ first 
Councill out of each town in y^" Prov : it was w'^^out doubt because 
y'''^ was then in those towns men of greatest abilities & best qualifi- 
cations ; but ever since the town of Tortsm" has been most flour- 
ishing, y" seat of almost all y'^' Gent" of the Province, the metrop- 
olis of the Governm*, — it has been his Majesties pleasure to have 
his Councill chiefiy of them, inasmiich as they were Gent'-^ of the 
best quaUfyA greatest utjUityto serve y'' Gorernm^ in that station.* 
And we find in his Majesties instructions to his Excellency it is 
directed that all Councillors shall be inhabitants of the'Pi-ov: 
w^'^'out respect or limitation to any particular town ; and it must 
be acknowledged to be tlie prerogative of the Crown to nominate 
and appoint his Councill, and owned most convenient and con- 
ducive to the publick good to have y*^ majority near y"" seat of 
Governm' especially in cases of emei'gencies ; besides, one of y'' 
late appointed Councill was of Hampton; and why he did not 
serve is not owing to y*^ Governm', but his own refusal : and 
whereas it is asserted a greivance y* some of tiie experienced, just 
and good men are laid aside, & these lately appointed by the King 
has been y" occasion of Great ditterences & animosities, ^x^'^ they 
threaten may produce farther incon'\-eniencys, if not timely per- 
vented, is very strange & luitrue, for we know there hath been no 
such divisions occasioned y'by, and the Gent" dismist are two of 
them very aged, a third not living in the governm*, & y*-* other two 
for reasons given, not thought proper p'sons; tho' one of them of 
superior abilites on all other accounts ; & since it has been the 
King's pleasure to make this alteration, it is flying in his face to 
call it a grievance, «fc thus threatening with divisions, animosities 
and worse inconveniences. We are of opinion nothing less than 
strange i-esolutions may justly be expected, esjiecially when we 
have so lately seen y'^^ chair so nuich atironted. 

Whereas they are pleased to reflect so invectivelj^ on those mem- 
bers of the Councill lately appointed, who for many years served 
y*^ public in the Assembly to very good acceptance, & did con- 
stantly study & endeavour y" benefitt & ease of y** people, and 
jiroposed & prosecuted all means & methods that tended to y'^ 
advancem' of ye Prov: & never o])p()sed an act of Impost but 
when they could not obtain an act of Export, w'^^ is y'^ practice of 
Great Britain, y'^' Gov"" assuring us y' he himself payed twenty six 
pounds sterling for y^ export of his own goods, tliey being y'' 
manufactures of England, & now were willing to come into an 
Im])ost, if y*^ rei^resentatives would have concnrred w"' y" vote of 
y= Councill for an Export; and tho' they are represented now not 
qualified, as being some of them merch*' & traders, yet they did, 
while memb"''* of the lower House, pay full proportions to all ])ub- 
lick taxes, double y'' sum paid by auj- of y"-' [I'sent representatives, 
having as good and better Instates i)i lands and land securities 

* Italics by the Editor. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 679 

than any noir in s'^ house, <€• not so inferiour to y" Gcnf^ they 
2xtend are laid aside; & accordiiiu-lv assisted in dofraying all pub- 
lick cliai-ges, as -well as the settleiVi^ou y*^ late Gov'', ^v''^ was con- 
stantly paid out of y" treasury, as all other charges of y Gov- 
ernm*. 

[p. 5G.] As for y"^ grievance in respect of y'' Courts, the first 
Act concerning them in y'' Province settled them all at Tortsm", 
being most convenient &"accommodable for y" whole Province in 
ail respects. 

And as for v'^ reflection on your Excellency for appointing the 
present Judges, there has been none laid aside; & y'= vacancy only 
tilled up by p'sons of Portsmouth, in lieu of others that were of 
s<i town, which was never accounted a grievance untill now; and 
notwithstanding all these suggestions, insinuations and groundless 
grievances, we doubt not but yo"" Excellency Avill so represent the 
affairs of this Province, as that we may continue to rejoice in the 
royal favour, under your Excellency's mild & just administrations. 

In Councill. 
Eead & voted to be sent down & read in y'' house of Picpresen- 
tatives, Jan. 28, 1716-7, 

R. Waldron, Clcr. Coun. 

His Excellency the Governour asked the board whether or no 
the sending a messenger from y" house of representatives to the 
Councill board to ask upon w' head it was that they were to con- 
fer, when he sent for them to come to a conference, was not an 
afiront to y" chair? Y« Council answer it was. Then y'= Gov"" 
proposed the dissolving of y*^ Assembly, w^^'^ the Councill advised 
to do, &c. 

Geo. Jeffrey & Pich. Wibird, Esq., were sent down to the 
House of representatives to require their attendance at y'' Coun- 
cill board. They came accordingly; where his Excellency the 
Governour was pleased to pronounce them dissolved, and accor- 
dingly in his Majesties name they were dissolved. 

So farr gone to England. 



[p. 57.] Pro. N. Hamp^ 

At a Gen' Assembly, held at Portsm" 
May 13*, 1717. 
Present In Councill, 
His Excellency Sam' Shute, Esq., Governour, 
His Ilon"^ Geo: Yaughan, Esq., Lt. Governour, 
Sam' Peuhallow, ") Theo. Atkinson, "j 

Mark Ilunking, I -p^^, Geo. JafTrey, ! -p 

Jno. Wentworth, f ^'^^- Rich" AVibird, f -^'1*; 

Ptich'i Gerrish, J Thorn. Westbrook, J 



680 PROVINCE OF NEW-HAMPSHIRE. [1717. 

The Clerk of 7"= Councill laid the sheriff's return of the Reprc- 
Bentatives of the several towns of the Province before this board, 
vi^hose names are as follows : 

Col. Tho^ Packer, ) Capt. John Gillman. ? ^ . 

Capt. Josh'' Pierce, V Portsm". Lt. John Gillman, ^-^-"^etxii. 
Mr. Eph'' Dennet, 5 

Col. Joseph Smith, ) Capt. Jotham Odiorne, ? -^r p, ,, 

Maj. Peter Wear, } Hampt". Capt. Hugh Peed, ^ * '"'^^'^^^• 

Mr". Jn« Tuck, ) 

James Davis, Esq., ) p. Capt. And^ AYigoin, Stratham. 

Mr. Samuel Tibbetts, ^ ^^"^^^ ■ Ur. John Dam, Newington. 

Mr. Sam' Eastman, Kingston. 

The sherift' was sent down to y^ House of Representatives to 
call them to this board, who came accordingly, where were ad- 
ministered to them y" oaths, instead of y^ oaths of allegiance and 
supremacy, as also the oath of abjuration, w'^'^ they subscribed, 
&c. Then his Excellency ordered them to w"^draw to chuse >•"■ 
Speak"' & p'sent him at three o'clock afternoon, at w*^"^ time he 
should be again p'sent in Councill. 

Adjourned to 3 o'clock, p. bi. 



Pro : N. Hamp''. Met again according to adjornm'. 
Present in Councill, as before. 
The Clerk was sent down to y® house of representatives to in- 
quire whether they had chosen their Speak'', and if so, to com- 
mand their attendance at y^ Councill board to present him : they 
came accordinglj' and presented Col. Thom^ Packer their Speak'', 
who was well accepted: After which his Excellency made the 
following speech. 

Gent., — I have been informed that this Pro\'ince has been very 
remarkable for its unanimity & concord, & I hope it will never do 
any thing to forfeit y" beautiful character: [r. 08.] you, Gent", are 
its representatives, whose good example will highly influence y" 
w'hole community. Therefore recommend to you, y'' laying aside 
all animosities and disputes that may tend to the blowing up y*^ coals 
of dissention among us, which always carry w'" ihem most fatal 
consequences; and hope y' every body will have their thoughts 
entirely bent upon what will make them dutifuU to their King & 
serviceable to their country, by thinking w' new measures may be 
taken to promote the true interest of this Province. 

By these methods the aftairs of this session will meet w"* dis- 
patcJ:, and every body will return home to their respective towns 
in good humour, w"^ will tend A^cry much to yoiir honour aud 
reputation, and give me great pleasure and satisfaction. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 681 

I shall conclude by again assuring you y' I myself have nothing 
so mucli in view nor any thing more at lieart, than to see you a 
flourishing and prosperous people. Saml. Siiute. 

Adjourned to 9 o'clock tomorrow, a.m. 



Fro : N. Ilamp''. 

At a General Assembly held at Portsm° 
by adjournm', May y^ 14*'% 1717. 
Present, in Councill, 
His Excellency, Sam' Shute, Esq., Gov"", 
His Hon'' George Vaitghan, Esq., Lt. Gov"", 
Sam' I'enhallow, "l Theo. Atkinson, "> 

Mark Hunking, ! -^ Geo. JaftVev, I t^^„„ 

Jno. Wentworth, f ^^^^' ]?ich" WibiVd, f ^^^^^ 

Piich'' (j^errish, j Thorn^ Westbrook, J 

Sam' Penhallow, Esq., laid a letter before this board w'='^ he had 
received from Mr. Newman, bearing date Feb. 23, 1716-7, for the 
encouragem' of raising Naval stores in this Goverm', w"^'^ being 
read, the same was sent down to the house of representatives by 
Sam' Penhallow and Mark Hunking, Esqs., to be recommended 
to their consideration. 

Adjorn'* to 3 o'clock, p. m. 



[p. 69.] Pro: N. Hamp''. Mett again according to adjourn*. 
Present, — as before. 

Capt. Matthews, of y^ Parish of Oyster river, in Dover, p'ferved 
a petition to this board ab* nuling [annulling?] a vote of the Gen' 
Assembly relating to that Parish, w''' Petition was read. 

Adjorned to tomorrow, 10 o'clock, a. jr. 



682 PROVINCE OF NEW-HAMPSHIRE. [1717. 

Pro : N. Hami/. . 

At a Gen^ Assembly held at rortsm° 
by acljonim', May 15"', 1717. 
Present in Couucill, 
His Excellency Sam. Slmte, Esq., Gov"", 
Sam^ Penhallow, "j Geo. Jeftrev, ^ 

Mark llunkiiiii-, ! -p, Pich'^' "Wibird, } Esqs. 

Juo. Weutwofth, f -^-^i^- Tho^ AYestbrook, ) 
liich'i Gerrish, j 
Elisha Cook, of Boston,* Esq., appeared at this board and 
prayed that (whereas liimself was a creditor to y'^ estate of Sr. 
Charles Hobby, deceased, and had made application in Jan^ last 
to have letters of administration w'^'' was suspended for a time) 
that he might now have administration on s'^ estate : whereupon 
y^ clerk was sent down to y^ house of representatives w"' a vote 
for suspending that aflair two months longer ; also, w*'' a vote for 
a committee to supervise y'= laws of tliis Prov: not yet i)riuted in 
order to their being so. 

Benj"^ Gambling, Esq., having received a commission for sheriff, 
and Mr. Rich"^ Waldron, jun,, for Clerk of y'' Councill, they both 
took the oaths instead of the oaths of allegiance & supremacj-, 
and the abjuration oath, and the sheriff the office oath. 

Mr. Pich*^ Gerrish; jun'', was this day in Conncill appointed 
Clerk of the Inferiour Court of Common Pleas. 

The Petition that was yesterday p'ferred by Capt. Matthews 
being read a second time, it was in Councill voted. That Capt. 
NatW Hill and Capt. Stephen Jones be notifyed of s"^ petition ; 
also, to give their attendance at y'^ Councill board on Fryday next, 
to shew cause why the pray"" in said Petition may not be granted. 
The Clerk of the Councill was sent down to the representatives 
w"' a vote for notifying Capt. Ilill & Capt. Jones to attend at y" 
Councill board on Fryday next, 10 o'clock, &c., also a vote for a 
Committee of Auditt. 

[p. 60.] Mr. Dam brought up the following votes of concurrence 
to this board. 

In Councill. 

Whereas Mess" Oliver Noyes and Elisha Cook, of Boston, did 

in Jany last make application to y^ Judge of Probate for letters of 

administration on j^ estate of Charles Hobby, deceased, as they 

were creditors to said estate ; and whereas the s'* Judge of Pro- 

* Elielia Cooke, of Boston, was an open opposer of Gov. Sbute through the whole of 
his administration. He was a man of ability, of plausible maimers, and of much in- 
tiueuce iu Mass.— See Hiitehiusou, Vol. II, pp. 200, 211, 273, 2S8. Bost. 1793. 



1717.] JOURNAL OP COUNCIL AND ASSEMBLY. GS3 

bate did suspend y'' grautiiig auy letters of admiuistratiou for that 
time, it Avas confinncd by the Gov"" and Councill, y^^ Supream Pro- 
bate of this Province, w"^ y'^ advice of the house of representa- 
tives; and whereas j-" albres'^ Mr. Elisha Cook has again made 
ax^plication as above : — 

Voted, Tliat the s<* affair be suspended for two months long•^ 

May 16'", 1717. Kich'^ Waldron, Cler. Con. 

May 15*, 1717. Concurred w"' pr. the house of representatives. 

Josepli Smith, Cler. 

Voted, That a Committee be appointed to collect & revise the 
Laws of this Province, that those Wanting may be supplyed, and 
all printed as soon as possible. 

May 15, 1717. Pticli'i Waklron, Cler. Con. 

May 15">, 1717. Eead and concurred w"" pr. the house of rep- 
resentatives. Joseph Smitli, Cler. 

The Clerk of y"^ Councill was sent down to the house of Rejire- 
sentatives w* a vote appointing who the Committee to supervise 
the laws, &c., are. 

Mr. Geo. Peirce p'ferred a Petition to tliis board ag'*' Capt. John 
Pickerin & Mr. Wm. Cotton: Whereupon it was in Councill or- 
dered, That y^ clerk summon y** s'^ Cotton and Pickerin to appear 
at y^ Councill board on Fryday next, at 10 o'clock forenoon. 

Rich<^ Gerrish, Esq., was sent down to tlie house of Represen- 
tatives to desire y"^ speedy dispatch of affairs ; who answered by 
Mm yy [tliey] would proceed as fast as possible. 

Adjor-ned to to-morrow, 10 o'clock, A. ai. 



Pro: N. Ilamp''. 

At a Gen' Assembly held at Portsm 
by adjourn*. May IG"^, 1717. 
Present, 
His Excellency, Sam' Shute, Esq., Gov"", 
Sam' Penhallow, ^ Theo. Atkinson, 

Mark Ilunkiui;', [ xr nc Geo. Jeffrev, 
Jno. ^Ventworth, f -^■-^^' Rich'i AVibird, 
Rich'^ Gerrish, j Tho. Westbrook. 

[p. 61.] One of the members of the House of representatives 
brought up y® following vote to this board, concurred w"^ : 
In Councill. 
The Petition p'ferred yesterday by Capt. Fran"* Matthews, being 
read a second time at y*^ Councill board, it was 



684 PROVINCE OF NEW-HAMPSHIEB. [1717. 

lu Councill 

Voted, That Capt. Nath' Hill and Capt, Stephen Jones and 
others, be notifycd of s*! Petition; also to give y"" attendance at y^ 
Councill board on Fryday next, at 10 o'clock a. m., to show cause 
why y'^ prayer in said Petition may not be granted. 

May 15, 1717. Eichi Waldrou, Cler. Con. 

Concurred w"*. Joseph Smitli, Cler. of y^ representatives. 

Capt. Odiorne brought up a vote to this board from y'' house of 
representatives about a committee of auditt, w'^'^ was sent back 
by Tlieo. Atkinson, Esq., for ameudm'. Also, y^ vote of Councill 
ab' a committee to supervise y"' Laws — not concurred w*. 

The Clerk was sent down to y^ house of representatives w'** 
another vote of Councill ab' a committee to supervise y^ Laws, &c. 

Adjorned to 3 o'clock, p. M. 



Pro : N. Ilamp'' : Mett again according to adjornm'. 
Present as before. 

Thorn'' Poirce p'ferred a I'etition* to this board signed by sun- 
dry y'^iiiluibitants of Portsm", concerning the divisions in s"^ town, 
directed to tlie Gen^ Assembly ; w^*^'^ Petition being twice read at 
y® councill board, was ordered, to be sent down to y'' house of Eep- 
resentatives, & accordingly was, pr. y*' clerk. 

Adjourned to to-morrow, 9 o'clock, A. M. 

* [Copy of sd. Petition as on file.] 
To his Excellency Saml. Shute, Governor & Commsmder-in-cliief in and over his 
Jtljyestie's Province of New Hampshire, and to ye Hon'ble the Councill and represen- 
tatives convened in Geul. Assembly; 

The humble Petition of severall of the Inhab- 
itants of ye town of Portsmonth in behalf of 
themselves & others; most humbly sheweth: 
That, whereas upon ye removal of the Kevd. Mr. Rogers unto ye new IVIeeting- 
Iiouse, we, being disposed for one j'ear and no longer to supi^ort a minister at the old, 
untill matters of ye town were amicably accommodate, did inadvertently sign unto a 
certain instrument without reading or considering ye contents thereof; and being since 
infornred that ye import of ye sd. instrument was without any limitation of time 
whereby we and our successors are greatly insnared to our unspeakable hurt and 
pr^udice: 

Doe humbly pray that ye said instrument may be produced, 
whereby the false insinuations of those that insnared us may 
be detected, and that we may be released therefrom : and 
yor Petitioners shall ever pray. 
Tobias Langdon, Samuel Manson, 

George Peirce, Benjamin Lucey, 

Jno. Skillen [?] William White, 

John Marden, John Jackson, junr. 

[Endorsed — " Petition p'ferred by Mr. Geo. Peirce, May 15th, 1717."] 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 685 

Pro : N. IIamp^ 

At a Gen' Assombly held at Portsmo' 
by adjornm', May y*^ 17, 1717. 
Present, 
His Excellency Sam' Shute, Esq., GoV, 
His Hon'' Geo. Vaughan, Esq. L' Gov% 
Sam' Penliallow, "j Theo, Atkinson, "j 

Mark Hunking", !t. Geo. Jett'rev. ' Tr-no 

Jn° Wentworth, j ^^^^^- L'ich'' AMbird, [' ^'^^l'- 

Ricli<i Gerrish, j Thorn. Westbrook, J 

[p. 62.] Mr. John Tuck brought up three votes to this Iward : y" 
first ab' y'' committee to supervise y'= Laws ; y*^ 2"^ is ab' y"" Gent" 
y* took y'^ 1500£ out of y'' treasury ; & y*" last ab* continuing y* 
excise, w'^'' last was sent back for amendment: y'= two former are 
as follows : 

In Councill. 

Voted, That y^ committee appointed to supervise y'' Laws, &c., 
be Sam' PenhalloAV & Theo. Atkinson, Esqs., from this house; 
and y^ sheriff and clerk attend on s^ committee. 

May 16, 1717. Rich. Waldron, Cler. Con. 

Voted, That Lt. Colonel Smith, Col. Packer & Capt. James 
Davis, be a committee to joyn y'^ upper house for y*^ ends aboves''. 

Josh'^ Peirce, Clerk, j^i'o temp. 

"Wliereas most of y^ Gent" who took mony upon interest of ye 
Province in Oct'' 1714, as appear by their several bonds executed, 
w*^'' bonds terminated in Octob'' 1716 past, and y® several Gent" 
as above, through the scarcity of mony being unprovided to com- 
I)ly with y*^ several obligations, desiring long'' time : 

Voted, That the several Gent" have y^ liberty of paying in their 
several sums to y^ house of Representatives at any time between 
this and Ocf w*^*^ will be in y* year 1718, provided they give new 
bonds iiayable w* interest after y** rate of six ptounds pr annum, 
to the Speaker of this house for y<^ time being, and y' yy pay in y^ 
same in bills of credittof this Prov: already emitted, & y' y"^ new 
bonds commence from j"*^ 27"' 8'"", 1716. 

Ordered, that this vote be sent up by Mr. Tuck for concurrence 

Josh"^ Peirce, Cler, j^t'o tern. 

In Councill. 
Voted a concuri'cnce, w"" y^ above vote. 
May 17, 1717. Rich'^ Waldron, Cler. Con. 

Capt. Langdou and others of Poi'tsm° appeared]at this board, as 
also Capt. Pickerin & Mr. Cotton ; y'= two latter desired a copy of 



G86 PROVINCE OP NEW-HAMPSHIRE. [1717. 

y'' Petition p'ferred by Capt. Laiigxlon ag*' y'", & some time to 
make their defence : AVhereupon it was 

Ordered, That y<= clerk give a copy of s'' Petition to s'^ Pickerin, 
and that the hearing be suspended till tomorrow, 9 o'clock, a. m. 

[p. 63.] Messrs. James Davis & Fran" Mathews appeared at this 
board to prosecute a Petition by them p'ferred on Wednesday 
last; and Capt. Jones and others also appeared, according to sum- 
mons, to make their defence against s<^ petition, and prayed a copy 
of s'^ Petition & time to consider of it ; upon which the hearing 
y""''of was suspended till his Excellency's next coming into this 
Province. 

Rich'^ Dolloif p'ferred a petition to tliis board for mony to 
enable him to redeem his chiklren from y'^ Indians ; w^'' Petition 
l)eing read was sent down to the house of representatives, & there 
being considered, the same was sent back from s*^ house by Maj, 
Wear w* a vote thereupon. Y" petition is on file, and y<= vote as 
follows : 

Voted, That Rich'^ Dolloff, y«^ petitioner above s-^, be allowed ten 
pounds out of y" treasury, towards y'' redemption of his children 
now in captivity. 

Josh'' Peirc.e, Cler. j^^'o temp. 

In Councill. 
Voted a concurrence w"" the above vote. 

Rich<i Waldron, Cler. Con. 

Maj. Wear brought up y^ following vote to this board. 
Voted, That the Act for excise be continued for y'= ensuing year, 
IG May, 1717, and that it be sent to y" upper house for concur- 
I'ence. 

Josh. Peirce, Cler. pro tern. 
Sent up by Maj. Wear. 

Voted, That Capt. Hugh Read & Col. John Plaisted be chosen 
a committee by this house to joyn y"^ committee of y*^ upper house 
for forming s** Excise. 

Josh'' Peirce, Cler. jjro tem. 
May 17, 1717. 

In Councill. 
Voted a concurrence ab' y'' Excise & y' Col. Hunking and Capt. 
Wentworth, Esqs., be of s"! committee. 

Rich. Waldron, Cler. Con. 
May 17, 1717. 

In Councill. 
Order'', That the Clerk notify Edward Catc to appear at y« 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 087 

Councill boai'd to-moiTow at 3 o'clock p. m., to ansTTcr to Maj. 
Vaiiglian, &c. 

[p. 64.] This day Beiij" Gambling, Esq., as Principal, & Sam^ 
Penballow, Esq., as surety, entered into recognizance of two 
thousand pounds jointly & severally, for y° s"^ Gambling's well 
executing y'^ office of Sheriff during his continuance in s'^ office. 

Adjorned to 3 o'clock, p. m. 



Pro : !N". Hamp''. Met again according to adjornm'. 
Present as before. 

Geo. Jeffrey, Esq., was sent down to the house of represen- 
tatives to desire their speedy dispatch of y*^ vote for printing 
the fifteen thousand pounds of bills of creditt, &c. 

Mark Hunking and Theo. Atkinson, Esqs., and the clerk of the 
Councill were sent down to the House of representatives to desire 
their vote ab' y^ Committee of auditt; w'^'^ vote was left w"' that 
bouse, and afterward sent up pr, Capt. AYiggin w*out any amend- 
ment. 

Adjorned to tomorrow, 8 o'clock, a. m. 



Pro : X. IIamp^ 

At a Gen^ Assembly held at Portsm" 
by adjornm' May 18, 1717. 
Present, 
His Excellency Sam' Shute, Esq., Gov', 
His Hon'^ Geo. Vaughan, Esq., Lt. Gov"", 
Sam' Penballow, ") Theo. Atkinson, "j 

Mark llunkini;-, [ -p Geo. Jeflrev, I TT'.r.o 

Jn^' AVentworfh, f ^^^^- Richi AVibiVd, < ^"'l^' 



Piich'i Gerrish, J Thom^ Westbrook, j 

The Clerk was sent down to the House of representatives 
w"^ their vote ab' y« Committee of auditt, not concurred w"' in 
Councill. 

Capt. Langdon & Mr. Geo. Peirce & others appeared at this 
board to i)rosecute their Petition, and Capt. Pickerin and Mr. 
Cotton appeared also to make their defence ; the petition being 
read, and Pickerin's answer thereto, the matter was suspended 
till Monday next, 10 o'clock A. M. 

[p. 65.] Cai)t. Wiggin brought up two votes to this board from 
y* house of representatives (viz.) a vote for the treasurer to lay 
an account of y*^ stores of warr before that board, as on file ; And 
a vote for allowing the Gov'' twenty-live shillings pr diem, &c.; 



688 PROVINCE OF NEW-HAMPSHIRE. [1717. 

•w"^ latter vote vras sent back by Ju" Wentworth & Theo. Atkin- 
son, Esqs., for amenclm'; w"'^ being amended by putting thirty 
shillings in y' room of 25s., was again sent np pr. one of the mem- 
bers of s'' house, & is as follows : 

Whereas it is evident y' y'^ growing cliargc of this Provinee is 
sucli a burthen to y^ subject as makes it very grievoxxs, 

Voted, That his Excellency the Gov"" be paid out of the publick 
treasury of this Province for the defraying his entertainments and 
expense, thirty shillings pr diem, for ye ensuing year, during the 
sessions of Gen' Assembly from time to time, after y^ first day of 
June next. 

Eead and past in the house of Representatives, and sent up for 
concurrence, by Capt. Wiggin. 

Joseph Smith, Cler. 

May 18, 1717. 

In Councill. 

Voted a concurrence. 

Eich<i Waldron, Cler. Con. 

Joseph Smith, Esq., brought up a vote to this board, for making 
fifteen thousand pounds bills of creditt, w'^'^ was concurred w*'' in 
Councill, and is as follows : 

Voted, That the sum of fifteen tlious'' pounds in bills of creditt 
on y*^ same security and fund of those already emitted, be forth- 
w"* made and printed, to be lett out for eleven years, at ten p'cent 
pr annum, to be piaid yearl)' and every year for and during the s** 
term; & then the p'sons, their heirs, &c., to be forever acquitted 
both of i)rincipal and interest; the s<^ mony to be lett out on 
land security w"'in this Province ; w'^^ security shall be double y® 
value of y'^ money lent thereon; each town w*''in the Prov: to 
have a proportion thereof, according to y*^ last Prov: tax; and 
where that not yet stated to be now settled, the mony to be 
signed by a Comittee of both houses, two of y^ upper & three 
of y^ lower house, who shall deliver y'= same to Committee to 
be chosen by each tovni w*n this Prov: amongst themselves 
at a regular town meeting ; & y« representatives for time being 
in each town, to be a part of [r. GG.] s'' Committee, who shall 
be impowered to lett it out on security, as above, to none 
above three Imndred pounds, & to none less than twenty pounds, 
to y® inhabitants; the s*^ town Committee to make a record of 
their proceedings in each town, and shall annually make re- 
turn to y"^ Gen' Committee of both houses, to whom the mony 
is lett and the land mortgaged therefor, who shall keep a 
record & annually receive y<= ten p"" cent, w*^"^ shall be burnt an- 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. G89 

nuany, in p'sence of y'" Gen^ Assembly ; and if any p'?on delay 
paying- the ten p'cent, the land mortgaged shall, after three 
months' notice giA'en to \^ mortgag'', be sold, &c., & in case of 
decease of y" mortgag'', then a proper time to be allowed to his 
heirs, if und"" age, or to Exe^ for paying the same: the Committee 
of both houses to have power to manage the Avhole affiiir, & to 
lett out y^ proportions of any town that will not chuse a Commit- 
tee as above, or take their proportion, or deliver it in proportion 
to the other towns ; the security to be made to the Gen' Commit- 
tees, &c., & if any p'son pay in any other bills than of this Prov: 
to discount live p'cent on other curr' bills of creditt; the first year's 
interest to be appropriated to defray y^ charges ; & whosoever 
shall be disposed to take up liis or their mortgage shall have y® 
liberty from time to time, and at all times after the first two 
}'ears so to do ; he or they paying into the Comittee appointed for 
emitting s'^ mony any such sum or sums that may be unpaid of the 
sum first taken. 

May 18, 1717. Eead three times and past in the house of rep- 
resentatives & sent up for concurrence. 

Joseph Saiitii, Cler. 
In Councill. 
Eodcm die. Voted a Concurrence w* y*^ foregoing vote. 

Ivich*^ '^Valdron, Cler. Con. 

May 18, 1717. Cols. Tho. Packer & Joseph Smith & Capt. Jaio. 
Gillman, are chosen a Committee of the house of representatives 
to act and do in y*^ afiV.ir mentioned on the other side. 

Jos. Smith, Cler. 
Sent up by Je'hn Tuck. 
In Councill. 
Voted, — a concurrence w"^ the above vote, & farther [r. G7.] 
Voted, That Jno. AVentworth and Geo: Jeffrey, Esqs., be joyned 
to y'^ members of the house of Representatives above mentioned 
for the ser\-ice above. 

Eicli<i "Waldron, Cler. Con. 

Mr. Sam' Wentworth, of Boston, appeared at this board and 
made an information ag^' Thora^ Phipps, Esq., late liigh sheriff, for 
not serving an execution delivered him by s*^ "Wentworth's attor- 
ney, according as y^ law directs. "Whereupon, it was 

Ordered, That the s'' Phipps be notifyed thereof, that he may 
appear to make his defence at three o'clock, p.m., this day. 

Geo. Jeffrey, Esq., was sent down to the house of Representa- 
tives to require their attendance at y*= Councill board : they came 
44 



690 PROVINCE OF NEW-HAMPSHIRE. [1717. 

aeeordiugly : — when liis Excellency the Gov'' proposed to them 
and recommeuded to their consideration, y*^ differeuces in the 
town of Portsm" ; and desired them to think and consid"" of some 
way and method to accommodate. 

One of the members of the house of Eepreseutatives brought 
up y* following vote to this board : 

Voted, That Maj-^ Peter "Wear, Capt. James Davis & Josh" 
Peirce be a committee from this house to joyn the committee of 
the upper house to draw the bill of lifteeu thousand pounds bills 
of croditt to be distributed by a Geu* Committee to be chosen of 
both houses, to distribute the same to each town in this Province, 
in proportion, according to their late Prov: tax. 

Eead and past by the house of Represematives aud sent up for 
concurrence. 

May 18, 1717. Jos. Smith. Clcr. 

Eodom die. In Councill. 

Voted. That Riclri Gerrish, Tlieo. Atkinson and Geo Jeflrey, 
Esqs., joyn av'-^ the Gen' mentioned on j-* other side, for the ser- 
vice there mentioned. 

Rich. "Waldron. Cler. Con. 

[p. CS.] The Clerk was sent down to the House of representa- 
tives w"' a vote for granting his Excellency lifty pounds to make 
the present of the Goverm' to him equall w''' w' they gave Col. 
Dudley at his first coming. 

Adjorned to 3 o'clock, r. m. 



Pro: X. Ilamp''. Mett again according to adjornm'. 
Present. — as before, except 
Theo. Atkinson, > -p 
Thos. ATestbrook, S ^^ 
Mr. Sam' Wentworth appeared at this board to prosecute his 
compl' ag-*' ;Mi'. Phipps. Mr. Phipps also appeared to make his 
defence. The opinion of the board upon hearing the matter is, 
that the complainant take his course at y'^ couimon law. 
Adjorned till Monday. 8 o'clock a. .m. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 691 

Pro : X. Ilami/. 

At a Gen' Asscmljly held at Portsuiouth, 
by atljoramS May 20"^, 1717. 
Present, 
His Excellency, Sam' Shute, Esq., Gov% 
His Hon"' George Vaughan, Esq., Lt. Gov'', 
Sam' Penliallow, '\ Goo. JeffrcA', ^ 

Mark ITunking, I j,^^ Rich'' Wibird, V Esqs. 

Jiio, AVentwortli, j *'^ ' TLiom'* Westbrook, ) 

liich'' Gerrish, j 
Matthew Kobinson appearing at y* Councill board, and being 
sworn, made information concerning some pirates, as ou file, 
dated May 20"^, 1717. 

The Clerk -was sent down to the house of representatives w"" a 
vote for impressing a Chart of y'= Sea Coast of y« Prov: &c., also, 
"w"^ a copy of s'' Chart, w^*^ vote was returned from s'' house not 
concurred w*. 
Mr. Sam' Easman brought up y* following vote to this board: 

In Councill, 
Whereas Col. Dudley at his first coming Gov'' into this Prov. 
was p'sented w"' two hundred and fifty pounds, and his Excel- 
lency [p. 09.] Gov. Shute has had, as yet, but two hundred 
pounds, 

Voted, That he be p'sented w* fifty pounds more to make the 
I)resent equall av* what was given Col. Dudley. 
May IS"', 1717. liich" Waldron, Cler. Con. 

Yoted, a concurrence. Joseph Smith, Cler. 

Mr. Odiorne brought up a vote to this board ab' powd'', — as on 
file, dated May 20*", 1717. 

Adjorned to 3 o'clock p. m. 



Pro: N. ^amp^ Met according to adjornm'. 
Present, — as before. 
Geo. Yralton appeared at this board to have a Commission of 
Bankrupsie, &c. ; Geo. Walker, of Portsmouth, baker, p'ferred a 
Petition to this board to become a bankrupt, also, Ordered 

In Councill, 
That both their afisiirs, referring to y*' s* Acts of Bankrupsie, be 
deferred till }•* next sessions of y« Gen' Assembly; and that all 
processes in Law ag'' either cease till said sessions of Gen' As- 
sembly. 

Eich-i Waldron, Cler. Con. 



692 PROVINCE OF NEW-HAMPSHIRE. [1717. 

In Conncill 
Ordered, Tliat if the cause depending between Maj. Vaiiglian 
& Edw*^ Cate be not determined by an arbitration between this 
and the last of June next (tho' either of y'= p'ties dye before the 
determiuation), the matter shall and will in such case finally be 
determined by the Gov'' and Conncill. 

Rich'i Waldron, Cler. Coun. 

The Clerk was sent down to y'^ house of representatives to re- 
quire their attendance at the Councill board ; they came accord- 
ingly, when was read the bill for emitting and printing fifteen 
thousand pounds bills of creditt of tliis Province, and then the 
same was signed and sealed in p'sence of both Houses ; after w'^'' 
his Excellency was pleased to prorogue y'' Gen' Assembly to y" 24 
Sept. next; and accordingly in his Majtie's name were 

Prorogued to ye 24^'^ 7^', 1717. 



Note by the Editor. 

Between the time of the Prorogatiou and the next meeting of the General Assembly, 
an important treaty was concluded with the Eastern Indians, of which the following 
is the official accoviut as published soon after. 

The printed copy is here followed. — Ed. 



l''!''.] INDIAN TREATY. 693 



Treaty of 1717, at Georgetown. 

George Town,* 

On Arrovisick Island, Aug. 9th. 1717. 

Annoque Begni Regis GEORGII Jlagnce Britannia'., «&c. 

Quarto. 

A conference of his Excellency the GOVERNOUR with the 

Sachems and chief Men of the Eastern Indians. 

His Excellency being Arrived here in His Majesty's Ship the 
Squirrel, the Indians sent a message to him from Paddlestones- 
Island, (where they ware assembled) Desiring to know when it 
would be liis Excellency's pleasure that they should attend him. 
His Excellency told them at Three a Clock this Afternoon, Avhen 
he would order the Union Flag to be displayed at the Tent Erecteil 
near Mr. Watts his house. And ordered a British Flagg to be de- 
livered to the Indians for tliem to wear when they canie, in token 
of their Subjection to his Majesty King George. At the Time ap- 
pointed, the Flagg being set up, the Indians forthwith came over, 
with the British Flagg in their headmost Canoo. 

His Excellency being seated under a large Tent (Erected for 
the occasion.) Attended by Samuel SewaU Esq; Penn Townsend 
Esq; Andveio Belcher Esq; and Edmund Quincey Esq; of the 
council of the province of the M issachusetts-Bay . And Samuel 
Penhallow Esq; 3fark Hanking Esq; John Went worth Esq; 
Shadrach Walton Esq; and Bichard Waldron Esq; of the Pro- 
vince of Xew Hampshire, and several other English Gentlemen. 
Eight Indian Sagamores and ('liief Captains, Namely 3Ioxus, 
Bommazeen, Wanudagumboit, Winuirna, and Queguaroomanit oi 
Kennebeck. Querenebuit of Ponobscut. Adeawando, of Peg- 
laacket, and Sabbadis of Ammarescoggin, Approached and made 
their revei'ence to his Excellency, who was pleased to give them 
liis Hand. And then directed that Capt. John Ggles, and Mr. 
Samuel Jordan, Interpreters of the Indian language, should be 
Sworn to be foithful in that Service, and Judge Sewall adminis- 
tered to them an Oath accordingly. And his Excellency was 
pleased to make a Speech to the Sagamores, &c. which was de- 
liberately Recited and Interpreted to tlien). And is as follows, uiz. 

* Geoegetowx is in Lincoln Co., Maine, 50 m. S. of Augusta. It consists of two 
considerable Islands at tlie mouth of Kennebec river, which runs on the West, and 
Sheeiiscot river on the East, with the Atlantic on the South. It was incorporated in 
1716. It has excellent harbors, and is considerably engaged in navigation and the fish- 
eries. An unsuccessful attempt was made to farm a settlement in this place by Ply- 
mouth adventurers, in 1C07, but it was abandoned the next year. In 1850, there was 
a population of 1,121. 



694 INDIAN TEEATY. [1717. 

Interpreter. Tell the Sachems, ^That notwithstanding' the great 
Fatigue and Danger of this Expedition, yet to comply with my 
own AYord, and their Desire, I am now come to see them, and 
am very glad to find so many of them in Health. 

Tell them, ' That I find by the ^Jecords of His Majesty's Gov- 
ernment of JS'eic'-Engkmd, which I have now the Honour to be 
Intrusted with, that there have been many Treaties between the 
English Govenuneut, and them, as tliere was occasion : And that 
the last Interview was at Pascataqua about four Years ago, 
and then my very worthy Predecessor, Governour DUDLEY 
accepted their SuUmission, and Katified all former Treaties and 
Agreements Avith them ; and that he gave them all possible As- 
surances of Justice, Friendsliip, Protection and fair Commerce 
and Dealing upon their Fidelity, Peace and Obedience to the 
CroAvn of Great Britain ; and that I shall Build on that Founda- 
tion. 

Tell them, ' That since that good Treaty was made, tlie Crown 
of Great Britain is happily Descended to His Most Excellent 
Majesty KING (jiEOPGE, and forever Established in His Poyal 
Protestant Family, Avhich GOD be praised, are many. That it 
is in the Name and by the Command of KING GECiliGE, that 
I am now Speaking to them, and tliat they may, and should Es- 
teem it as an Instance of the King's great Favour, that I have so 
soon visited them. 

Tell them ' That there is a very good agreement between KING 
GEORGE, and his Neighbours, more especially the French Na- 
tion, who have a Just and Great Esteem for His Majesty, And 
are very desirous of His Friendship, and Peace withllini: And 
tliat His Majesty's Subjects at home and abroad account them- 
selves, very hai)py in llis Majesty's Government, for that. It is 
Wise, Just and Kind; His Majesty consulting the common "Wel- 
fare of His People, as to their lleligion, Civil Liberties, Trade, 
and every other thing. 

Tell them, 'That this Great, Good and Wise Prince KING 
GEORGE, is their KING, as well as Ours, and that therefore 
we look upon tliem, and shall always Treat tliera as fellow Sub- 
jects; and that they must likewise remember at all times, that 
they are KING GEORGE's Subjects, under His Allegiance and 
Protection, and they nuist by no means hearken to any contrary 
Insinuations, tliat will always find themselves safest "under the 
Government of Great Britain. 

Tell them, 'KING GEORGE, and the British Nation, are 
Christians of the Reformed Protestant Religion ; That the great 
and only Rule of their Faith and AVorship, and Life, is con- 
tained in tlie BIBLE, [the Governour holding one in his hand] 
here in this Book which is the AV'ord of GOD \_Sachans~] is con- 
tained our Holy Religion; and we would gladly, have you of 
the same Religion witli us, and therefore we have agreed, to be 
at the Cliarge of a Protestant Missionary among you, to instruct 
you, and tliis is the Gentleman [sliewing Mr. Baxter to them] 
And I hope also in a little Time, to appoint a Sclioolmaster 
among you to teach your Children, and tliat I liope and expect 
that they Treat this "Protestant Missionary with all afi'ection and 



1"17.] INDIAN TREATY. 695 

' respect, not only for the sake of the Kin^-'s Government, but of 
' his own Character, He being a ]\Einister of ,Tesus Christ our onlj^ 
' Lord and Saviour, Aviio will Judge them and us at the last daj-. 
Tell them, ' That the Eug'lish Settlements that have lately been 
' made in these Eastern Parts, have been promoted partly on their 

* accounts, and that they will llnd the benefit of them in having 

* Trade brought so near them, besides the advantage of the Xeigh- 

* bourhood and Conversation of the English, to whom I liave given 
' strict Orders, that they be very just and kind to the Indians, 
'upon all accounts, and therefore if at any time, they meet 
' with any Oppression. Fraud, or unfair Dealing, from tlie Eng- 
' lish in any of their affairs; let them make their Complaint to any 

* of my Ofiicers here, and then I shall soon hear of it, and rake 
' speedv and effectual care to do them right. Or if upon any 
' great occasion, they chuse to send anv of their Body to me di- 
' rectly, they shall be very welcome. 1 shall always be ready to 

* protect and assist them. For I would have them look upon tlie 

* English Government in Xew-England as their great and stife 
' shelter. 

Tell them, ' That if they have any thing fit, or reasonable to ask 
' of me. at this time, they shall be veiy welcome to lay it before 

* mc, and I shall give it all due consideration, and that I expect an 
' Answer from them to what I have said. 

Tell them. Interpreter, ' That in token of my great sincerity and 

* affection to them, and as an earnest of my future Justice and 
' Kindness to them, I here give my Hand to their Sachems, and 
' Chief Captains.' 

Then his Excellency taking an English and Indian Bible in his 
Hand, bid the Interpreters tell them that he gave them those 
Bil)!es, and left them with Mr. Baxter, their 3iinister, for their 
Instruction, whenever they desire to be taught. The Minister 
will reside here, or hereabouts, and so will the Schoolmaster to 
Instruct their Children, when they have a mind to send them. 

Then his Excellency Drank King GEORGE'S Health to the 
chief Sagamore JIoxics, which he, and all the rest pledged. 

WIti'urna stood up, and said he was ai)i)ointed to sx)eak in the 
Xame of the rest. 

Governour. Go on. 

Wiwuraa. ^Ve are very glad of this opportunity, to see your 
Excellency, when the Sun sliines so bright upon us; and we hope 
the Angels in Heaven rejoyce with us; AVe have been in expecta- 
tion of this favour ever since Ave received your Excellency's Let- 
ter in the Winter. 

We are not now prepared to answer what your Excellencj' has 
said to us; But shall wait on your Excellency again to Morrow. 

Governour. It is well: at what time? 

Wiwurna. We desire his Excellency to appoint the time. 

Gov. Let them come about ]Sine o'clock, when they will see the 
Flag set up. I will give them an Ox for dinner, and let them 
send some to Kill, and Dress it. 

Wi. AVe are very thankful to your Excellency, for some of tis 
have had little to eat for these two Days. 

Then tlie Indians took leave and withdrew. 



696 INDIAN TREATY. [1717. 

Aug. 10th, 1717. 

THE ci.i>lit Saclicms, and cliief Captains that Attended Yester- 
day appeared again with some other Principal Indians accom- 
panying tliem. 

WL It is a great favour of GOD we liave this Opportunity to 
Avait on your Excellency, and Ave have our xV.nsAvers ready. 

Gov. Let them Speak, 

WL We have done with the Treaty at Pascataqua, and now 
proceed to anew one. 

Gov. Tliey Eatify and Confirm former Treaties. 

WL Yes, we do. 

His Excellency Ordered the principal Articles of their Submis- 
sion at Pdscataqua, to be Itead and Interpreted to them: And 
then Ask'd them, Vv'hether tliey did remember & acknoAvledge 
them ? 

And the Indians Answered, They did. 

WL AVe have considered what his Excellency said Yesterday, 
and the tirst thing was for Love and Unity ; and we admire it ex- 
ceedingly. And believe it pleases GOD. And hope your Excel- 
lency will endeavor it shall be so. 

Gov. I assure them of it, If they carrv themselves suitablv, 
with Duty and Allegiance to KING GEOllGE. 

WL We hope all hard thoughts will noAV be laid aside, be- 
tween the English and Us, and that the Amity will be hearty. 

Gov. Very well. 

WL We are pleased that his Excellency is Commander of A'e?''- 
Unr/Iand: and that altho' He is lately Arriv'd from England, lie 
is acquainted Avith the Affairs of New-England, and hope all 
tilings AA'ill be well. 

Gov. Tell them if they Ix^have themselves well, I shall use 
them kindly. 

WL We had the same Discourse from other Governours, as 
from your Excellency: and Ave liaA'C said the same, to them. 
Other GoA'ernours have said to us that Ave are under no other 
Government but our owu. 

Gov. HoAV is that? 

WL We pray leave to speak out. Your Excellencv was 
pleased to say that Ave nuist be Obedient to KING GEORGE, 
Avhich AA'e shall if Ave like the Ofters made us. 

Gov. They must be Obedient to KING GEORGE, and all just 
Offers and Usage shall be given them. 

WL We Avill be very obedient to the KING, if Ave are not 
Molested in the Improvement of our Lands, 

Gov. They shall not be Interrupted in the Improvement of 
their lands ; and the English nuist not be Molested by them in 
theirs. 

WL We are pleased with the liberty your Excellency gives us, 
of making Mention of any wrong aa'C haA-e suflered. 

Gov. They must Desist from any Pretensions to Lands Avhich 
the English OAvn. 

WL We Pray leave to go on in order with our AnsAVcr. 

Gov. Let them go on. 



1"1"-] INDIAN TREATY. 697 

Wi. If any wrong- liapiJcns to us wc will not aveniic o.ur 
selves, but apply to your Excellency for Redress. If anv Foreiii-a 
Indians come upon us, Wo shall Acquaint j'our Excelieucy, but 
hope by our Young Men to defend our selves. 

Gov. If they want help our Young ]Men shall assist them also. 

Wi. If any quarrel liappens & blood should be shed, Wc will 
not avenge our selves, but apply to vourExcellencv. ^VG lieturn 
Thanks to your Excellency for your favour in offering us Succors, 
& if there should be any Disturbance we shall not Complain 
without real i)roof, nor for any frivolous matter. 

Wi. This Place was formerly Settled and is now Settling at 
our request: And we now return Thanks that the English are 
come to Settle here, and will Imbrace them in our Bosoms that 
come to Settle on our Lands. 

Gov. They must not call it their Land, for the English have 
bought it of them and their Ancestors. 

Wi. We Fray leave to proceed in our Answer, and talk that 
matter afterward. We desire there may be no further Settlements 
made. We shan't be able to hold them" all in our Bosoms, and to 
take care to shelter them, if it be likely to be bad weather, and 
Mischief be Threatened. 

As to the Ministers Instructing us : 

All People have a love for their Ministers, and it would be 
strange if we should not love them, that come from GOD. And 
as to the Bibles your Excellency mentioned, We desire to be ex- 
cused on that Point. GOD has given us teaching alreadv, and if 
we should go from that Ave should displease GOD. We' are not 
cai)able to make any judgment about Ifeligion. 

Your Excellency was not sensible how sick we were Yestei-day 
to sec the Man of War ashore. We were so faint we could not 
Speak out with strength, and w^e are now verv glad the ship is 
well. . t i 

We are very glad to wait on your Excellency, and to tell von, 
That we sent our Young Men "early this Mor'ning, to see if the 
Ship was well, and were very glad to hear she was. 

Gov. Tell them, I accept their respects for His Majestv's Ship, 
and if the Ship can help them at any time, It shall be ready to do it. 

Tr/. We shall be very glad when we have concluded,"that vour 
Excellency may have good winds, and weather, and get safe d"own 
this llivcr and home. 

Gov. Tell them they must be sensible and satisfied that the 
English own this Land, and have Deeds that shew, and set forth 
their Purchase from their Ancestors. And we will not be mo- 
lested in our Improvement of them. And they shall not be mo- 
lested in the Improvement of the Lands that belong to them. 

Tell them also. That Complaints are made to me' that some of 
them have violently taken things from some of the English, as the 
Aleat out of Iheir Puts, and other tilings which is contrarv to the 
Law of GOD and Man, and that they had forbid the "English 
Planting on their own Lands, and that the Night before last they 
killed some Young Cattel belonging to the English, (which in- 
deed they had tirst informed of, and desired forgiveness) all which 
is contrarv to their Articles. 



G98 • INDIAN TREATY. [1717. 

WL We desire time to consult. 

Gov. Tliey may have it, but tell them I expect to see them 
again at Three a Clock, with a positive Answer about the Lands. 
And that they should always Muzzle their Dogs, when they come 
upon the English lauds where their Cattle are. 

Wi. We are very tliankful that your Excellency gives us leave 
to consider, and shall attend your Excellency at the time ap- 
pointed witli our Answers, for it is not a jesting matter we are 
now upon. 

3 a Clock in the Afternoon. 

Wi. We are Willing to cut off our Lands as far as the Mills, 
and the Coasts to Pemaquid. 

Goc. Tell them we desire only wliat is our own, and that we 
will have. We will not wrong them, hut what is our own we 
will be ]Masters of. 

Wi. It was said at Casco Treaty, that no more Forts should be 
made. 

Gov. Tell them the Forts are not made for their hurt, and 
that I wonder the\- should speak against them, Avhen they are for 
the security of both, we being all Subjects of King GEORGE. 

King (iEORGE builds what Forts he pleases in his own Do- 
minions and has given me Power to do it here, and they are for 
their security as well as our's, and the French clo the like. They 
build what Forts they please, and all Kings have that Power, and 
the Governours tliey appoint to do the same. 

Wi. AVe can't understand how our Lands have been purchased, 
what has been Alienated was by our Gift. 

His Excellency hereupon ordered a Deed of Sale of Lands on 
Kennelieck Hirer, made by Six Indian Sagamores, to liichard 
Wharton, should be opened and exhibited to them, which was 
done and partly Read, and Interpreted to them. 

Wi. As for the West side of A'e/ine6ec i^«'i"er I have nothing 
to say, but am sure nothing has been Sold on the East side. 

Gov. I expect their positive Answer and Compliance in this 
matter, that the English may be quiet in the Possession of the 
Lands they have purchased. 

Wi. We don't know what to think of new Forts built. 

Gov. I have spoke to that fully already, and told them they are 
for our nuitual defence. 

■ Wi. We should be pleased with King GEORGE if there was 
never a Fort in the Eastern Parts. 

Gov. Tell them that wherever there is a new Settlement, I 
shall always order a Fort, if I think it proper, and that it is for 
the seciu'ity of them and us, and so do the French. Are any 
People under the same Government afraid of being made too 
strong to keep out Enemies? 

Wi. We are a little uneasy concerning these Lands, but are 
willing the English shall possess all they have done, excepting 
Forts. 

Gov. Tell them we will not take an Inch of their Land: nor 
will Ave part with an inch of our own. 

Wi. We shall have Fishing and Fowling wherever we will. 



1^1"-] INDIAN TREATY. 699 

Gov. It is freely consented to, and they are assured of it. 

Then tlic Indians rose up at once & withdrew, in a hasty abi'upt 
manner witliout taking leave, and left behind them theirEngiish 
Colours, returning- to their Head qunrters at Puddlest ones- Island, 

And in the evening brought to His Excellencv a Letter from 
Sebastian Ralle, their Jesuit, Dated the 17th of Aug., 1717. 
Wherein he says, that Governour VaudreriUe had written to 
them, that when he was lately in France, he had enquired of the 
King of France, whether lie had in any Treaty given away the 
Indians Lands to the English, and that the French King told "him, 
he Jiad not, but was i-eady to succour the Indians, if tlieir Lands 
were encroacht upon. Which his Excelhuicy read and rejected as 
not worthy of his Regard. And the Indians return'd. 

August 11th, 1717. 

His Excellency went on board the Squirrel Man of War, and 
Ordered the Fore-top-sail to be loosed. Whereupon a Canoo with 
two Tndians hastened on board & acknowledged the rudeness & 
ill Manners they were guilty of Yesterday, and Pray'd that they 
might see his Excellency again. 

His Excellency told them they should if they quitted their 
unreasonable Pretensions to the English Lands,' and Complied 
with what he had said, but not otherwise. Which tliey promising 
to do. His Excellency Appointed to meet them at Six a Clock. 
And the Indians Desired they might have the British Colours 
again; which were given them and they returned. 

And at the time appointed the Sachems, and Principal Men 
came over with the British Colours, leaving behind them 117- 
wiirna, because (as was said) he had behaved himself so improp- 
erly Yesterday. 

And they appointed Querehennit their Speaker. 

Qiier. We are very sorry for our rude Carriage Yesterday, and 
Pi'ay it maybe forgiven. As your Excellencj' said if anj'" thing 
should happen amiss, It should be rectilied. 

Gov. 'Tis well. 

Qtier. It was agi-eed in the Articles of Peace, that the English 
should Settle, where their Predecessors had done; And we agree 
to those Articles & Conlirm them. And desire tlie English may 
Settle as far as ever they have done. And then PrescMited His 
Excellency a Belt of Wampum. And said, we Desire to live in 
Peace. 

Gov. Tell them, if they don't begin the Quarrel, they shall 
have no occasion from us. 

Quer. We desire that by the favour of GOD, we may always 
Ua'c in Peace and Unity. 

Gov. We pray the same. 

Quer. If any of our People should happen to be out in Cold 
and Stormy Weather, we desire the English to shelter them. 

Gov. As long as they behave themselves well kindness shall be 
shown them. 

Quer. We shall always do the same for the English, and GOD 
Almighty hears us say it. 

Gov. It is doing like Christians. 



700 INDIAN TREATY. [1717. 

Qiier. What I have said GOD Ahiiighty hears, and presented 
another Belt of Wampum. 

Gov. AVe say the same, what is done is done in the presenee of 
GOD. 

Tell tliem I hear more complaints of some of them, that they 
have interrupted tlie English in their Aflairs, Taken the Meat out 
ot' tlieir Pots, &c. I expect tliat there be no more such Miscar- 
riages ; If any of our People should do so to them they should be 
punish'd severely. 

Quer. Vie Pray supplies may be sent us. 

Gov. Tell tliena tliat the Traders here shall supply them. 

Gov. Ask them, What they want most? 

Quer. In the Winter all necessaries are wanting, especially 
Provision and Amunition. 

Gov. Tell them the Traders shall have order to supply them 
with what they want, at reasonable liates. 

Quer. We should be glad of one Trading House that may 
serve us all. 

Gov. Tliere shall be a place or 2, or 3, when I go home ap- 
pointed, where they shall be supplied. 

Quer. Mr. 3Iinot is a good naturd Man, and pleases us well. 

Gov. There shall be here, and in other places supplies of 
Trade. 

Qtier. We Desire that Interpreter Jordan maj^ be near to us, 
to Kepresent to your Excellency any tiling that may happen. 

Gov. I desire no better man. 

Quer. We should be glad of a Smith here, to mend our Guns. 

Gov. Here is one that has work'd for you and Complains lie is 
not paid for it. 

Quer. As to that I doirt know, but it is a long time before he 
will do our work, and then he wont do it well. 

Gov. If you take care to pay for your work, I shall Endeavour 
you shall have a good Lock Smith. 
And tell them, that I thank them for their Present. 
His Excellency Directed the following Instrument to be drawn 
up, and annext to the ^\.rticles of their "Submission made at Fas- 
cat aqua ; which was Read, and Interpreted to them Paragraph by 
Paragraph by Interpreter Jordan, (Capt. Gyles having been 
ordered to his Command of the Fort at Brunswick Yesterday.) 

And they all readily & without any Objection Consented to the 
whole. 

August l-2th, 1717. 

Twenty of the Sachems, and Principle Men Sign'd & Seal'd & 
Deliver'd the said Instrument to his Excellency as their Act; 
being Witnessed by several English Gentlemen, and scAX'ral of 
the Principal Young Men of the Indians. It is as follows, viz. 

George Town on Arrowsich Island in His Majestifs Province 
of the JIassachu setts Bay, in IsTew England, the iWi Day of 
August, 1717, in the Fourth Year of the Feir/n of Our Sovereign 
Lord GEOIKtE, by the Grace of GOD of Great Britain. France 
& Ireland, KING, Defender of the Faith, ctr. 

We the Subscribers being Sachems & Chief ]\[en of the several 
Tribes of Indians belonging to Kennebeck, Penobscut, Pegwacket, 



1717.] INDIAN TREATY. 701 

Saco, and other the Eastern Parts of His ]\rajesty's Province afore- 
said, having' had the several Articles of the foregoing- Treaty dis- 
tinctly Pead & Interpreted to us, hy a Sworn Interpreter, at this 
time. Do Approve of, Pecognize, Patify & Confirm all, and every 
the said Articles, (excepting only the Fourth & Fifth Articles, 
■uiiich relate to the Pestraint, and Limitation of Trade & Com- 
merce which is now otherwise managed.) 

And whereas some rash & inconsiderate Persons amongst us, 
have Molested some of our good fellow Subjects the English in 
tlie Possession of their Lands, and otherwise ill-Trealed them. 
We do Disapprove & Condemn the same, and freely Consent that 
our English Friends shall Possess, Enjoy & Improve all the Lands 
which they have formerly Possessed, and all which they have ob- 
tained a liight & Title unto; Hoping it will prove of uuitual and 
reciprocal i3enefit and Advantage to them and us, that they Co- 
habit with us. 

In Testimony, and Perpettial Memory whereof We have here- 
unto set our Hands and Seals, in behalf of our Selves, and of the 
several Tribes of the Indians, that have delegated its to appear 
for, and Pepresent them the Day and Year aforeiuentioned. 

This AtTair being tinislrd several Sachems ^^ 

that Supplies might be sent to Winter Harbour, H 

Small Point, and a Sloop with Supplies to Pe7i o 

told them he would gratify them in. As ^ 

hunt the Fowl with floats. 5^ 

3Iii(/. Complain'd he had left Fifteen Sh S 

that he would not restore it to him. . ^ 

And they Desired that Capt. Lane might r* 

ter, or some other Person sent in his room. g 

Sarvmtjamet Com])lained that Mr. JSfowel o 

for him au English Young Woman, a Captive ^ 

succeeded, and £10 if he attempted, and did o 

Endeavoured it without success, and said '^ 

his bargain. a 

To all which his Excellency Replied that he 2" 

should be done them. S^ 

Then all the Sachems and Chief Men came ^ 

liis Excellency their hands ; oue of them ^ 

Peace might contintte as long as the Situ. 2^ 

Aud liis Excellency ordered then 

munition, which they accepted very thankfully, and Pray'd that 
their Y'ouug Meu might be allowed to come over, aud give his 
Excelleucy a dance, which his Excellency allowed of. 

BOSTON. Printed by B. Green, Printer to His Excellency tlie GOVERNOR & 
COUNCILL : And Sold by Bcnj. Elliot, at bis Shop below tbe Town-house, 1717. 



702 PliOVINCE OF NEW-HAMPSHIRE. [1717. 

■ [p. 70.] Pro: N. IIamp^ 

At a Gen' Assembly held at Portsm" 
by prorog-alion, Sept. 24, 1717. 
Present in Conncill, 
Tlie Hont''^ George Yauyhan, Esq., Lt, Gov% 
Sam' Penliallow, ^ Tlieo. Atkinson, ^ 

Mark Hniiking, > Esqs. Geo. JeftVey, >Esqs. 

Jno. AVentv\^orth, ) Ricli'' Wibird, ) 

His Hon'' the Lt. Gov'' made a speech to the Conncill. 
This day his Hon"" the Lt. Gov'' was pleased in the name of his 
Maj"*^ Iving George, to snspend Sam' Penliallow, Esq., from sit- 
ting, acting or voteing at the Conncill board (till his Maj"'^''* pleas- 
ure should be further known) for such reasons as he should 
transmit to the King. 

Mr. Peuhallow prayed to know for what reason it was that he 

was suspended: the Lt. Gov"^ answered and said as before, the 

reasons of his suspension he should send to his Maj'tie the King. 

The Lt. Gov'' read an ord'' from the Gov"" sent to him to prorogue 

the Gen' Assembly to the 2'' 8'"' ; which then stood prorogued to 

ye 24"^ 7'"'. 

The L'. Gov'' sent the clerk to call the house of representatives 
to this board: they came accordingly; when his Hon"^ was pleased 
in the name of the King, to dissolve the Gen' Assembly. After 
w^^ Jno. Wentworth, Geo. Jeffrey and Rich'' Wibird, Esq., entered 
their dissent to y" proceedings; y''" advice not being asked 
therein. 

The Lt. Gov'' asked the opinion of the Conncill alj' calling a 
new Assembly. Mr. Atkinson answered that in that matter he 
should not act, since, in suspending Mr. Penliallow nor in dis- 
solving the Assembly, he did not ask any advice. 

The two following speeches were this day made at the Conncill 
board, by his Hon'' y"^ L*. Gov''; the former to the Conncill, y^ 
latter to y^ Assembly : 

[Speech to the Council.] 

[p. 71.] Gent: You cannot but believe that I am informed of 
many things spoken to my p'rejndice; Avheii private whisp''* de- 
famatory to me are handed forward, I pass y"^ over w"' slight and 
disregard, and believe that everj- thing designed ag^'me has turned 
to my advantage, and will still do so. But when matters are 
carryed further, wherein y*^ honour of the Crown and the interest 
of the King's Maj'tie is especially struck at; when revenge's 
mother utters bold challenges, raiseth batteries & begins to can- 
nonade the pow''^ established of my sovereign, I acknowledge 
myself alarmed ; which I shall in no wise tolerate or endure ; as 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 703 

I am honored of the King, I will do my utmost to support it, aud 
not left his Commissiou he vilifyed at the I'ate some will have it: 
To have a due delicrence paid to it is w' the King requires and 
expects, especially from his Ministers; and to have them studious 
of lessening the authority therein granted, is an aggravated fault, 
and I cannot but wond'' at y*^ arrogancy aud pride of tho^e who 
do not consid'' 1 am a superiour match, as being armed w"^ pow'' 
from my prince, who doth execution at ^'^^ utterance of a woi'd; 
and I liope none will be so sturdy as to dispute it. If I soar too 
high, the fall won't crush them: if they run too fast, tlieir repen- 
tance may be timely. What I have to say to you, Mr. Penliallow, 
is in gross, & is. That yo'' busyness for a long time has been to 
sow discord in the Commonwealth, and yo'' endeavors to propa- 
gate confusion and diference in each town w">in y** Governm', w'^'' 
your avowed principles oblidge you to sodder as much as in you 
lies, y" atfections of majestrates & people — thereby to divert all 
things w'^'Miaturally produce dissention, tumults and fueds: the 
p'ticulars I have and shall transmitt to my principal Lord, the 
King, in whose name & by virtue of whose pow'' I suspend you, 
Sam' Penliallow, from sitting, voteing. or assisting at the Coun- 
cill board, till his Maj""^^ pleasure shall be known. 

Geo. Vaugiian. 

[Speech to the House.] 

[p. 72.] Gent : You have been sent to, to know if any thing 
&c. . . and the answer returned, is,* 

I have three things to direct myself to you in, as 

1"'. That yo'' sessions last was dilatory and little or nothing 
aflected. wh'=^ does not bespeak yo"" unanimity. 

2'-''. That I have sundry allegatfons, complaining of the Illegality 
in the choice of sundry memb''^ of your house, and prayers 
thereon, and 

3'y. That I esteem myself much dishonored and disregarded by 
your house in your last sessions (viz.), That whereas I came and 
sent to you three times to desire an opportunity to olTer some 
things for the King's interest, I could not lind admittance, nor be 
heard at all, tho' I was told I should x)'sently be honored in my 
request, and 

-t'-^'. Whereas I have had the King's stores of cannon, powd'", 
&c., in my hands as Conunander of the Fort, and had an account 

*The only Reconl relative to tliis in the Journal of tLe House is as follows: 
" The House met according to iirorogn.tion, Sept. 24, 1717. 

Present, 
Mr. Speaker, Tho. Packer, 
Capt. John Gillmau, Capt. Perce, 

Capt. John Gillman, Mr. Dennet, 

Capt.Wigins, Maj. Wear, 

Mr. Dambe, Mr. Tuck, 

Joseph Smith. 
" Sept 24, 1717. The House sent for up by the Lt. Governr Vaughan & dissolved in 
his Majesty's Name. Jos. S.'aiTn, Cler." 



704 PROVINCE OP NEW-HAMPSHIRE. [1717. 

of last year's extraordiuary exponcc unci'' Col. Sliadrach AValton 
& Mr. Coats, the fort-keeper's liands, sent to board of Ordinance 
lodged in tlie Secretary's office, and likewise ofered to he laid be- 
fore the Representatives ; yet thexe came an insinuation of an 
Inibessehn', notwithstanding- tlici-e Vv^as a survey of the powd'', &c, 
b}' a Committee from y" Councill board, to their satisfaction, 
(viz.): Capt. Atkinson & Col. Walton; w*^*^ I cannot but esteem 
as a grievance ; and that yon are not Avell disposed to business, I 
do therefore, by virtue of my Royal Master, King- George's power 
to me given & in the King's name, dissolve tliis present Assembly. 

Geo. Vaughan. 



[p. 73.] Tro: N. Ilamp'', 

At a Gen' Assembly held at Portsm" 
b^' 2'\ 1717. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov"", 
Sam' Perdiallow, ^ Geo. Jeff'rey, ^ 

Mark Ilunking, > Esqs. Shad. Walton, > Esqs. 

Juo. Weutworth, 3 Rich'' Wibird, ) 

His Excellency the Gov"" sent the clerk down to the House of 
Eepresentatives* to call them to this board; they came accor- 
dingly: Then his Excellency made the following speech to the 
Gen' Assembly. 

Gentn: I cannot omit at the opening this session to take 
notice of the unwarrantable and illegal proceedings of Lt. Gov'' 
Yauglian. 

In the Commission he receiA'ed from his Maj'tie King George, 
he is commanded to observe all such orders w'='^ from time to time 
he shall receive from the King or myself; and all p'sons are re- 
quired to take notice of the same. 

Some months since w" God, y"^ wise disposer of the elements, 
was pleased to alJlict us w"^ a great drought, I sent orders to the 
Lt. Gov"" to proclaim a flist, to implore God's favour, and that He 
would be pleased in his great mercy to water the parched earth 

* [From Journal of the House.] 

" 1717, 2 Oct. Ye House mett this day by liis Excellency's prorogation : 

Present, 
Capt. Read, Capt. Jno. Gillman, 

Mr. Eph: Dennet, Mr. Speakr Packer, 

Josh. Peirce, Col. Davis, 

Joth : Odlorn, Capt. Tibbett, 

Andw. Wiggin, Juo. Damm. 

Jon. Gillman, 

The house according to adjornmt mett at time apointed. 

Voted, Josh: Peirce Clark to ye Assembly." 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 705 

w"' refresliing- showers; w"^'^ order he rerusecl to obey, ami there 
was no last in the Froviiicc. 

Ab* y*^ 16"^ Sept., I wrote to y" Lt. Gov'' and ordered him to 
prorogue the Assembly, W^'' was ordered to meet on y'^' j;4"' Sept., 
to tlie 2'i 8br. Instead of performing av' I had directed, he has 
p'tended to dissolve you, so that he has not only disobeyed the 
King's commands and mine, butt Avould have imposed on yon, 
Avlio are the rcpi'esentativcs of this Province, by assuming a ijow"" 
to liimself w'=*' he [r. 71.] is not invested with, when 1 am in 
America; nor can I believe any p'son can be so void of sense or 
reason as to imagine tliat the King made me Gov"' of New Hami)"" 
onely for the six weeks in a year that I am here, as the Lt. Gov" 
would have you believe. 

Give me leave, therefore. Gen', to observe to yoti, w' confusions 
would attend this Province if w' this Gent" has been aiudng- at 
was practicable. 

It is very possible that it might so happen that not only a Gov'' 
& Lt. Gov"" might disagree, but that also the oldest CounciF might 
jarr w* both of them, Avhat.theu must be the consequence? ^Vhy 
"truly, if an Assembly was chosen w"^'" the Go v"" thought to be for 
his Maj"''^ sendee, and also of this Province, if the ht. Gov"" did 
not like them, so soon as I was gone to Boston, he would dissolve 
them: If then another Assembly was chosen & they were 
approved of by the Lt. Gov"", and not by the Gov% he then would 
dissolve them;" If a thii-d should be chosen w'^^ the Gov"" & Lt. 
Gov"^ did approve of & the oldest Council'' did not, when Ave were 
both out of the ProAdnce, lie Avould dissolve them also; so that 
this Province would be like a monster av"' three heads and three 
hands, each endeavoring in their turn to undoe w' the other had 
done. Tliere could be nothing then butt elections and dissolu- 
tions, the King's commands Avould remain unknown and unexe- 
cuted, and y'^ alTairs of the Prov: neglected & at a dead stand. 

I do not, therefore, in the least doubt that siuce you are mett, 
that you will shoAV your resentments to these mischievous pro- 
ceedings, and put a stop to them; av'''" tend to nothing bnt to 
inflame the people, and Avould end in nothing but utter ruiu and 
destruction of this ProA'ince. 

[p. 75.] I am glad I can inform you that since I saw you last, 
I haA-e had an interview Av"' the Eastern Indians, and have'brought 
them into such measures as are for the hon"' of my master, Kmg 
George, and that tend to the quiet and peace of these Provinces, 
AV*^"^ are the tAVO principal things I aim at in all my transactions. 
After the treaty Avas concluded, and tlie former articles of peace, 
and some new ones signed and ratifyed, the Ind"^ complained to 
me ab' the English men's foAvling upon floats: and desired that 
Avhere either of the Provinces had any new settlem', that p'sous 
might be appointed there to furnish them av"' all necessaryes at a 
moderate rate. I promised them tliat I would endeaA'our to 
redress their grievances and to assist them, w*^"^ I recommend to 
your care, since what they desire is so Axry reasonable. 

"Tis your harvest time, and my aflairs at Boston Avill quickly 
require my p'sence there : therefore, hope you will dispatch what 
shall be necessary, and that you Avill, ag'' our meeting in the 
45 



706 PROVINCE OP NEW-HAMPSHIRE. [1717. 

Spring, Trlien we shall have more time to sitt, think of some meas- 
ures to promote naval stores, w'^'> will he very acceptable to his 
Maftie, and verv bcnelicial to this Province. 
Oct. 2^ 1717. ■ Saml. SnuTE. 

Adjorned to 3 o'clock, p. ^r. 



[p. 7J:.*] Pro: N. Hamp''. Mett according to adjornm'. 
Present in Councill 
As before. 

His Excellency produced and lay'd three lett'rs before this 
board from Whitehall ; the one directing his Excellency to send 
home an account of the State of this Province ; the second was 
directing the method of drawing out the Minutes of Councill and 
Gen' Assembly from the Journals in order to be sent home ; and 
the third ordered the publishm* of two articles out of the treaty 
of peace and neutrality in America, conducted between England 
and France the 6-16 day of 9*^'', 1686, WhereiTpon it was 

In Councill 

Ordered, That a Proclamation be issued out accordingly. 

Rich'* Waldron, Cler. Con. 

Sam' Penhallow & George Jeffrey, Esqs., were sent down to 
tlie liouse of Representatives to ask whether thcN' wanted to be 
informed in any matters that caused their delay of busyness. 

Rich'' Wibird, Esq., was sent down to the house of Represen- 
tatives to require their attendance at the Councill board; they 
came accordingh' ; where his Excellency ord'ed to be read to them 
the minute of Councill ab' Mr. Penhallow's being suspended, &c.. 
lie also read to y'" several of his IiLstructions relating to that 
matter. 

Adjorned to 9 o'clock tomorrow. 

* By error in the original Kecord, 74 aiul 75 are repeated. 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 707 

[p. 75.*] Pro: N. IIamp^ 

At a Gen^ Assemblj^ held at Portm" 
by adjourm' Ocf 3'^, 1717. 
Present in Councill, 
His Excellency Sam' Shutc, Esq., Gov% 

Sam' Penhallow, ^ Geo. JeftVey, ^ 

Mark Hanking, ' > Esqs. Shad. Walton. > Esqs. 

Jno. \Ventworth, ) Eich'^ Wibird, ) 

Whereas on Wednesday the 2"^ 8''% the speaker of y^ house of 
Representatives came to the Councill board, & there informed his 
Excellency in Councill, that Jos. Smith and Peter Wear, Esqs., 
and Mr. John Tuck refused to sitt in Gen' Assembly, and said that 
if they were chosen again pr a new p'cejpt, they Avould not serve 
in said Assembly: It was desired by the Councill that a i)'cej)t 
might be issued out for other Representatives for the town of 
Hampton, in the room & stead of j-^afores'^ Smith, Wear & Tuck; 
and his Excellency thereupon issued out a p'cept accordingly. 

Plis Excellency the Gov'' ordered the clerk of the Councill a 
the Councill board, That, whereas he now had the Prov : Seal in 
his custody that he should not deliver the same to any p'son bu 
by his especial ord'' y''for. 

John Usher, Esq., p'seuted these papers to this board, directed 
to his Excellency the Gov'' & Councill ; tlie one a complaint ag*' 
Lt. Gov. Vaughan for irregularly entering upon the Governui' ; 
the second, ag^* Maj. Yaughan & Capt. Pickerin for their misman- 
agement as recorders; & the third, ag^' Col. Yaughan & Col. 
Waldron as Justices of the Inferiour Court of Common Pleas: 
he also p'seuted a fourth pp [paper] respecting the wast lands of 
this Province, &c., all which are on tile. 

Geo. Jefirey, Esq., in behalf of Maj. Peter Wear, p'ferred a 
Petition to this board to have a new township laid out on the 
wast lands w*in this Prov: as on file. 

Adjorned to 3 o'clock, p. m. 



[p. 7G.] Pro: N. IIamp^ Mett again according to adjornm*. 
Present in Councill, as before. 

Col. Davis & Capt. Odiorne, Esq., brought a vote to this board 
from the house of Representatives requesting his Excellency the 
Gov'' to send a p'cept to Hampton for Assembly men, &c., as on 
file : and also praj-ed leave of his Excellency in behalf of the 
house, that they might adjourn to Monday next. 

Adjorned to Monday next, 3 o'clock, p. m. 

* Ropeatelby error in the o.ig'nal. 



708 PROVINCE OF NEW-HAMPSHIRE. [1717. 

Pro: N. Ilampf. 

At a Gen' Assembly held at Portsm° 
by adjoriim' October y'= 7"', 1717. 
Present in Conncill, 
Ilis Excellency Sam' Shute, Esq., Gov"", 
Sam' Penhallow, ^ Geo. Jeftrey, ) 

Mark Ilunldng-, V Esqs. Shad. Walton, } Esqs. 

Jno Wentworth, ) Elch'' AVibh-d, ) 

Mr. Geo. Walton & Mr. Geo. Walker appeared at this board to 
prosecute their petitions ab' being bankrupts, w"^ were both 
granted after the petitioners had taken the oaths as y'^ law directs 
ju such cases, & it was in Councill ordered. That Messrs. Knight, 
Ayres & Field be commissioners to receive the claims due from 
said bankrupts' estate, &c., & that the clerk prepare Commissions 
accordingly. 

Eich'' Waldron, Cler. Con. 

In Councill. 
Whereas Mrs. Hannah Jose appeared at this board & made 
Information that the surveyors of high-ways for y" town of 
Portsm" had by ord'^ of QuarP Sessions of the Peace layed out a 
liighway through lier land, w'^'out any satisfsictiou made her there- 
for, very much to her damage, and prayed she might be consid- 
ered in y' regard ; it was 

In Councill 

[r. 77.] Ordered, That the selectmen of s^' Portsm", be notifycd 

to chuse one p'sou, & Mrs. Jose another, to apprise the damage she 

sustains by having said high-way laid out througli her land, and 

that the town of Portsmo' pay her therefor — as also for her fence. 

Eich'' Waldron, Cler. Con. 

The clerk was sent down to the house of Eepresentatives w"' a 
vote for repealing the Act ab' banckrupts. 

Jotham Odiorne & Capt. Jno. Gillman brought iip the following 
vote to this board from the House of Eepresentatives, w'^'' was 
sent thither for conciuTence. 

It appearing to this board that a great many inconveniences 
happen unto sever£\l creditors on the account of the Law in rela- 
tion to the statute of Banckrupts, 

In Councill 
Voted, That the said Act be repealed, and hence forward be of 
none cfiect. 

Eich'' Waldron, Cler. Con. 
8''^ 7, 1717; 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 709 

Eead tliree times in the house of Rcpreseutativcs, and voted a 
concuiTcuce. 

Josh. Peirce, Clcr. to y'' Asscms'. 

Jotham Odiorne and Capt. Jn° Gillman brouglit the Sheriff's 
precept (to the Selectmen of Hampton for chusing Assembly 
men) to this board, together w"^ the selectmen's return on the 
back side thei-eof, which paper was sent back by Mark Hunking 
and Geo. Jeffrey, Esqs., they being directed by his Excellency 
the Govern'' to demand the reason of the House of representatives 
of their sending 8*^ pp. to the Councill board: vv^^ was performed; 
and the House by them returned the following answer: (viz.) 
To pray the opinion of the board upon it. To which y'= board 
made y^ following reply, & sent it the House pr. Sam' Penhallow 
& Jno. Wentworth, Esqs.: (viz.) That the free-hold'''* at Hampton 
had not made a choice of y'^ representatives agreeable to the pre- 
cept sent them. 

[p. 78.] Jotham Odiorne, Esq., and Capt. Jn'' Gillman brought 
the House of representatives' answer to y^ Gov''' Speech to this 
board ; w"^^ is as follows : 

Portsm", In ]Sr. IIamp^ 
J/rt?/ it i^lease your Excellency : — 

We liave considered yo'' Excellency's speech, and imbrace this 
opportunity to resent the illegal, unwarrantable and imprudent 
management of the Lt. Gov'" in his late practices, w'^'' so very 
much tend to the destruction of Governm', and confusion and 
ruin of this Province. We are sensible by yo'^ Excellency's Com- 
mission and Instructions that none else is invested w"'" poAV"" of 
Governm' but yo'self, while in America; and by the Lt. Gov''* 
Commission we observe that he is onely to p'foriii such instruc- 
tions and ord'''' as he shall receive from the King, or from his 
Command''-in-chief for the time behig; and for him to act, w"^out 
either is unwarrantable ; but to act contrary thereto is illegal and 
highly imposing on his Maj'''^'* good subjects, directly leading them 
into distraction and confusion, the event of w*^'^ may be y*" woi'st 
of evils. That such proceedings may be prevented for the future, 
we pray tliat care may be taken y' loyalty, peace and unity may bo 
p'served & continued. 

We rejoice yo"" Excellency's interview with y^ Eastern Ind"^' was 
attended w"' so much success,* and are ready and willing to fall 
in w"' any measures that the good agreem' w* them maybe con- 
tinued & any grievances may be redrest. 

We observe the atfairs of y other Governm* will quickly call 
you hence ; wherefore we shall attend y^ present busyness w"^ all 

* See account of the Conference and Treaty with Eastern Indians, in Eecords pre- 
ceding— jip. G93-701. 



710 PROVINCE OF NEW-HAMPSHIRE. [1717. 

application & (liligence that tlie pnblick alTairs that cannot now 
be finished maj- he prepared ag"' y'= next session. 

7th ybr^ i7i7_ rpj^^j. Packev, Speak^ 

Adjorned to tomorrow 9 o'clock, a. m. 



[p. 79.] Tro: N. Hamp^ 

At a Gen' Assembly held at Portsm°, 
by adjournm*, 8br. 8"^, 1717. 
Present in Councill, 
His Excellency, Sam' Shute, Esq., Gov'', 
Sam' Penhallow, ^ Geo. Jcffrej^, ^ 

Mark Ilnnkiug, > Esqs. Shad. Walton, > Esqs. 

Jno. Wentworth, ^ liich'' Wibird, ) 

Col. Davis and Capt. Jotham Odiorne, Esq., bronght two pa- 
pers from the Hoiise of Representatives to this board ; y* one a 
copy^ of a vote ont of Hampton town book, concerning Messrs. 
Smith, Wear & Tuck, representatives for s'' town, as on file; and 
the other a paper signed pr. the said Smith, Wear & Tuck, and 
by them p'sented to the house of represen'% w*"'' is as follows : — 

Pro : ]Sr, Hamp'. 

To the members of the late House of 7-e2yrese)itatii'es for said 

Province: 
Gent", — The words in the King's Commission to His Excel- 
lenc}' Col. Shute ajjpears to us very plain (viz.), that when the 
Gov'' is absent out of the Province, then his Hon'' the Lt. Gov"^ 
is authorized and impowerd to execute the powers contained 
therein, untill y*^ Govern''** return into said Province : Now it is 
most certain y'' Gov'" was not in this Province the 24"' day of Sep- 
temb'' last past, when the Lt. Gov'' disssolvedthe Gcnl. Assembly. 
Gent", — Were tliere any room to dispute y^ legality of the dis- 
solution, and it should appear as illegal, yet sure notwithstanding 
that inasmuch as there was no adjournm' of the house, you must 
necessarily as such cease to be ; & in our opiiiion cannot w"'out 
dishonour to the Crown, imposition on the i^eople and danger to 
y''selves, be capable of acting again, w"'out a new election & new 
qualifications of the whole house ; So that we, the subscribers, 
being now chosen by his Excellency y^ Gov''*' p'cept, thereby im- 
plicitly confirming our opinion, that you are not looked upon as a 
House of liepresentatives — We count it not safe for us to act w"^ 
you, as you Avere on y^ 24: of Sept. last dissolved untill new 
elected and qualifyed legally. 
8br. 7"S 1717. 
Gent", 

We subscribe o'sclves y°'' hum: serv*% 

Jos. Smith, 
Peter "N^'ear, 
Ju° Tuck. 



1717,] JOURNAL OF COUNCIL AND ASSEMBLY. 711 

[p. 80.] Col. Jos. Smith, Maj. Peter Wear, Esq., aud Mr. Jn" 
Tack were sent for to this board, & examined apart concerning 
the afores'' paper, by them subscribed; — w"""^ examination is on 
file.* 

* [Copied from tlio Paper on file.] 

Jiio. Tuck being sworn : 

Ye Govr. askeil, Who was at j'e town meeting? 

Tuck answered, Abt sixty men. Govr.: Who wrote the Town Vote? I wrote it. 
Govr.: Did nobody dictate to you? Tuck: There was several p'sons p'sent when I 
wrote it. Govr.: Who dictated to you? Messrs. Smith & Wear & nij'self did it 
amongst us. Govr. : Whether the paper signed by Messrs. Smith & Wear & yourself 
was read in ye town meeting? Tuck: Yes. Govr.: Was it read before or after the 
vote? Tuck : I don't certainly know, but I believe before ye vote. 

Majr. [Wear] being sworn, to give true answers to such: 

Govr.: Did you draw up ye vote? Wear: I did not. Who did draw it up? Wear: 
I don't know. Govr. : AVas ye pp. signed by you putt into ye Genl. Assembly, read in 
Town meeting? I think it was, I can't certaiidy say if it was. Was it read before or 
after ye election? I don't know. Govr. : Wt was ye design of that pp. signed by you, 
&c.? It was given as reasons for our not sitting. 

Joseph Smith being sent, for came, & being sworn : 

Govr. : Did you write the vote of ye town? Smith : No. Govr. : Who did, were you 
not concerned? I wrote part of it. Did you write the pp. putt into ye Assembly, 
signed by yourself, Maj. Wear & Mr. Tuck? did you sign it? I did. Was it read in 
town meeting? No, but something like it or to ye same effect. Govr. : Where is yt 
pp. that was read? Smith: I have it. Govr. : Let me see it. Smith: I have not got it 
here. Where is it? I will send it. 

Col. Smith, Maj. Wear & Mr. Tuck Examination, 8br 8th, 1717, minuted as follows. 

Jno. Tuck on oath informed : That there was abt 60 men at the town meeting: that 
he wrote ye town vote for electing ye Assembly men ; that Joseph Smith & Peter 
Wear dictated to him in writing sd vote, and that the i)aper signed by Joseph Smith, 
Peter Wear and himself was read in ye town meeting, but whether it-was before or 
after ye vote was past he did not know. 

Ma;). Wear (in oatli informed, that he knew not who drew up ye town- vote & could 
not certainly say whether the pp. signed by Joseph Smith, Esq., himself and Mi'. 
Tuck was read in the town meeting or not, but that he believed it was. Then the 
Govr. asked wt ye design or end of that pp. was ; to which he answered : — to shew 
the reason why they would not sitt in Genl. Assembly. 

Jos. Smith, Esq., on oath informed, that he wrote part of the town vote, and that 
he wrote the paper that signed by himself, Peter Wear, Esq., & Mr. Tuck; that the 
said pp. was not read in town meeting, but something like it, or to ye same eflect; 
which being demanded by ye Govr., he answered, he had it not there, but wd send 
it to his Excellency. 

Then they withdrew. 

[Yote of the Town.] 

At a Legall meeting of ye freeholders of ye town of Hampton, the 7th of ye Sth mo. 
1717. 

Then chosen moderatr, Jno. Redman, sen. 

Voted, That whereas. Wee ye town of Hampton, did elect Coll. Joseph Smith, jMaj. 
Peter Wear & Mr. John Tuck our Representatives to sitt in ye late Generall Assem- 
bly, which Assembly was dissolved by his Maj'ty's Lt. Govr. Vaughan, as appears to 
us of Records : And now, having Rec'd a precept from his Excellency Govr. Shute, 



712 PROVINCE OF NEW-HAMPSHIRE. [1717. 

Capt. Paul Gerrish & Lt. Bcnj" Went worth liaviiig received 
commissions for Capt. and Lieut, of a troop of Horse in Dover, 
& jMr. James Jeftrey a Commission for Coroner & Notary Publick 
w*iu this Province, — all took the oaths instead of the oathes of 
allegiance and supremacy, & y* abjuration oatli accordingly. 

Tlie Clerk was sent down to the house of representatives w"' a 
vote for a Committee of Auditt, &c., w*^'' was returned from said 
house by Jotham Odiorne, Esq., concurred w*, & is as follows: 

In Council]. 

Voted, That Mark Hunking, Jno. Went worth & Geo. Jcflrey, 
Esqs., be of a Committee from this board to joyn w* such as 
shall be chosen by the house of representatives, to receive the 
claims and auditt the accounts due from this Province. 

gbr gth^ i7i7_ jjj(.l^a AValdron, Cler. Con. 

Read three times in the House of representatives and voted a 
concurrence. 

Voted, that Col. James Davis, Jn° Gillman, Esq., & Josh. 
Peirce be a Committee from tliis House to joyn y*' Committee of 
the upper house for the auditt of the Prov: claims, iii order to 
be laid before y^ Assem^ for allowance. 

Josh. Peirce, Clerk of Assem. 

Adjourned to 3 o'clock, r. m. 



[r. 81.] Pro: X. Hamp^ Mett according to adjournm'. 
Present iu Councill — as before. 

The clerk was sent down to y'^ House of representatives w"' a 
vote for chusiug a committee to prepare several bills in ord'' to 
their being past into Acts, &c. 

His Excellency the Gov"" and Councill having considered the af- 
fairs of Jos. Smith and Peter Wear, Esqs., & Deacon Jn° Tuck, 
Ordered that that they be brought to the Councill board. They 
appeared accordingly, where was read to them the following vote 
of Councill : 

In Councill. 

Whereas, a libel has been drawn up and signed by Joseph Smith 

for a new choice to jojTi ye sd Assembly, dismist as above said ; In answer to which 
wee say: If ye Representatives of our town are dismist, the wliole are dismist. And 
wee humbly declare wee are of opinion not to joyn Assembly men with such as are 
not legally choseu & quallifyed. 

Vera Copia. 

Test. Juo. Tuck, 

Town Clerk. 



1''17.] JOURNAL OF COUNCIL AND ASSEMBLY. 713 

and Peter Wear, Esqs., and Deacon Jn" Tuck, W^'' ■s^'as read to 
the free-hold''' of Hampton in a publick meeting appointed for 
electing three otlier members in the room of the s'^ Joseph Smith, 
& Peter A7car, Esqs., & Deacon Jn" Tuck, who were not dismis'* 
the house as they do in said libel falsely insinuate; but bee: they 
themselves refused to act or sett in the said Assem' then mett; and 
whereas the s^ libel they afterwards sent to the low'' house, w*^^ by 
them was seat to y" Councill, who having fully examined the 
matter : 

Voted, That the s*^ libel reflects highly on the goverm', is tsilse 
and scandalous, and was handed ab' only to stir up sedition and 
tumults in this his Maj''"^^ Prov : of New Hamp'^ ; and also that the 
said Joseph Smith, Peter Wear, Esqs., & Deacon Jn" Tuck, do 
enter into bonds w* sureties of four hundred pounds each, to an- 
swer what shall be alledged ag^' them, in relation to these mat- 
ters, when they shall be summoned to appear to answer y'''^to, be- 
fore the Gov'' and Councill, and to be of good behaviour, paying 
fees, and in case they refuse, to stand committed. 

8br sth^ 1717. ' Iliciid Waldron, Cler. Con. 

The sheriff took bondi^ of them, accordingly. 

Adjorned to 9 o'clock, to-morrow, a. ji. 



[p. 82.] Pro:N. Hamp^ 

At a Gen' Assembly held at Portsm", by 
adjornm', October 9"^, 1717. 
Present in Councill, ^^. 
His Excellency Sam' Shute, Esq., Gov'', 
Jno. Wentworth. ? T7, ^ Rich'' Wibird, ?^ 

Geo. Jaffrey, ^ -t-^tl^- Thom'Westbrook, ^ *^^- 

Capt. Mathews and others appeared at this board to prosecute 
their petition, f ab' having the vote of Gen^ Assembly constituting 
Oyster River a parish to be repealed, 

* [From Journal of the House.] 
"1717, Oct. 3. Whereas, Coll. Joseph Smith, M-ijr. Peter Weare .1 Mr. Jiio. Tuuk 
are cUsmigs'd this House, 

■Voted, That his Excellency be Requested to issue forth his Precept to supply ye 
vacancy. 

Josh. Peirce, Clerk." 

t [From copy of Petition found on file.l 
To his Excellency Samuel Shute, Esq., Governr. and Commander-in-chief in and 
over his Majestyes Province of New Hampshire, and to the Honourable the Council 
and Representatives convened iu General Assembly : 



714 



PROVINCE OF NEW-HAMPSHIRE. 



[1717. 



Capt. Stephen Jones & Messrs. Joseph Jones & Philip Chesley 
appeai'ed also as agents for s'^ Parish, to make defence ag*' s'' Peti- 
tion, who put in an answer thereto, as on file. 



The Petition of snmlrj' of the Inhabitants of Oyster River in Dover, most humbly 
sheweth: Tliat, Wliereas sometime about a year and half agoe, a Petition was then 
preferred to the General Assembly then sitting at Portsmouth, by several of our 
neighbors in said place to be made a District of themselves, — which being wrongly 
represented unto said Assembly, A vote thereupon was Passed in both Houses, which 
being very prejuditial unto the Interest of the whole : — 

Your Petitioners therefore do humbly Pray that as there was only a vote, but no 
Act passed, that there may be a fair hearing of the whole matter before your Excel- 
lency in Council, that in your wisdom you may see good to Reverse the same; and that 
a reasonable proportion of land may be alotted us from the township of Dover, for a 
more amicable agreement between each other in carrying on the Worship) of God : 
And seeing we have two meeting houses, we humbly pray that in wisdom you will so 
determine, that the Inhabitants may go to each of them every other meeting day ; 
And your petitioners shixUever pray. 



Thomas Edgerly, 

Thomas Drew, 

.Tohn Pinder, 

"William Gloyns, 

Joseph Edgerle, 

Joseph Kent, 

John Footman, 

John Daiiel, 

John Kent, 

Samuel Edgerly, 

Benjamin Pinder, 

Benjamin Footman, 

Robert Kent, 

John Davis, 

Joseph Danel, 

Eleazer Bickford, 

Stephen Jenkins, 

Benjamin IMatlie:*^ 

James Langle, 

Francis Mathes, jun., 

Nathaniel Randal, * 

Samuel Davis, 

John Williams, jun., 

Joseph Hix [Hill?], 

Benjamin Body, 

James Davis, junr., 

Samuel Williams, 

Bartholomew Stephenson, 

Timothy Davis, 

Josejih Nudder, 

Zacharias Eilgerly, 

(1) Some words added, illegible, 



Moses Davis, jun., 
John Rand, 
Edward Graham, 
Abraham iNIathes, 
John Bickford, 
William Wormwood, 
Joseph Bickford, 
Thomas Fontman, 
Joseph Stephenson, 
Joseph Footman, 
Thomas Davis, 
Francis Mathes, 
William Hill, 
Daniel Misharve, 
Joseph Jenkins, 
Henery Rines, 
Daniel Davis, 
Thomas Rains, 
James Davis, 
Abraham Stei)lienson, 
John Edgerle, 
Solomon Davis, 
Salathiel Denbo, 
William Clary, 
Ichabod Follet, 
William Rains, 
Samuel Smith (1), 
Pliilip Duly, 
Jolin Williams, 
John Amlen [?] 



171'.] JOURNAL OF COUNCIL AND ASSEMBLY. 715 

111 Councill. 
Ordcr<\ That the matter be referred till the next sessions of the 
Gen' Assembly, & that all p'ties be notifyed that are any ways 
concerned in y"^ aflair, to attend the hearing, &c. 

IJich. Waldron, Cler. Con. 
Adjourned to to-morrow, 9 o'clock, a. m. 



Pro : N. Ilampr. 

At a Gen' Assembly held at Portsm", by 
adjornm', October 10% 1717. 
Present in Councill, 
His Excellency Sam' S'hute, Esq., Gov"", 
Sam' Pcnhallow, "1 Theo. Atkinson, ^ 

Mark Hunkinii", (v Geo. JatiVev, [-,-, 

Jno. Wentwoi-th, [ ^^^^' PichMVibird, ^i-sqb. 

Shad. Walton, J Thom' Westbrook, J 

Col. James Davis, Capt. Jno. Gillman and Capt. Jotham Odi- 
orue, Esqs., brought up the following vote to this board: 

Whereas, there has been a difference of some years' continuance 
in the town of Portsm", relating to the ministry, w^'* ditFerence in 
some measure hath aliected the whole Province ; In order to rec- 
oncile the same : 

[p. 83.] Voted, That the sallary for the reverend Mr. Rogers 
be raised by an Annual tax upon all the Inhabitants of the town 
in an equal jiroportion, except Greenland and JSTewiugton; except 
also such as shall be the hearers and subscribers to Mr. Emerson, 
who are hereby obliged to give in their names to y^ selectmen of 
the town, at or before the 20"' of Novcmb"" next; and that three 
jicrsons be chosen annually, being free-hold'''' belonging to the 
bank, by that i^art of the town, to lay s*^ tax on the inhabitants 
that belong to the new meeting-house, and that three ji'sons be 
also chosen on the south side of the mill-dam annually, by and 
among themselves, to tax y^ subscribers to Mr. Emerson; and 
such taxes laid & signed by each of the three p'sons that shall be 
chosen, as y^ ma]'" part of them, together with a Jus' Peace, shall 
be comitted to the constables of each part of the town, who are 
hereby directed and impowered to collect the same, and pay it in 
according to their warrants, to the said three men, for the sup- 
port of the ministry ; and in case of failure to be dealt w"' as the 
law directs for not collecting other town rates, & also that the 
p'sent Assembly shall chuse three men for the Bank,* and three 

*Tlic ancient name of Portsmouth. 



716 PROVINCE OF NEW-HAMPSHIRE. [1717. 

nieu for the south side of the mill-dam, to lay the tax for the tirst 
year, which will cud the 25"^ March uext ; aud all p'sous coucenied 
are hereby oblidged to pay his or their several tax to the coustahle 
appoiuted to collect the same, ou the peualty as iu case of non- 
paj'iug other rates is i^rovided, aud that all i^'sous who shall here- 
after settle iu the towu, shall w^'iu oue mouth after their settlcm' 
give iu their uames to y'^ sclectmeu for time heiug, to which i)art 
of the towu they will joyu themselves. 

* Oct"^ 10, 1717. Read three times iu the House of Repre- 
seutatives & past by a full vote. 

Josh. Peirce, Clcr. Assem. 

Eodem Die. Iu Couucill. 

Voted a coucurreuce. 

Richi Waldrou, Cler. Cou. 

[p. 8-4.] Col. James Davis, Esq., aud three other members of 
the house of Represcutatives brought up a A^ote to this Board for 
p'seutiiig his Excelleucy the Gov'' w"' oue huudred aud sixty 
pouuds. 

They also prayed iu the uame of the House, that his Excel- 
jeucy would issue out Proclam", &c., Avhich the Couucill advised 
to, & thercupou his Excelleucy did it accordiugly — a copy whereof 
is ou file. 

Adjourucd to to-morrow, 10 o'clock, a. m. 



Prov : N. Ilamp''. 

At a Geu' Assembly held at Portsm° 
by adjoruui', October the 11"\ 1717. 
Prcseut iu Couucill, 
His Excelleucy, Sam' Shute, Esq., Gov"", 

Sam' Peuhallow, 1 Geo. Jettrey, ) 

Mark Iluukiug, I ^ Shad. Waltou, I -p, 

Juo. AA^eutworth, ( ^^^^' Rich'' Wibird, ( ^^^i'^* 

Theo. Atkiusou, j Thorn'' Westbrook, j 

This day the Couucill coucurred w''' y*' Represcutatives for 
p'seutiug the Gov'' w"" oue huudred & sixty pouuds. It is as fol- 
lows: 



* [From the Journal of House.] 
Oct. 10. " Voteil, yt 3 men be chosen of ye members of this house to wait on his 
Excellency & represent to him ye grievance yt many of his Maj 'tie's good subjects la- 
hor under, by being restrained by Jno. BriJger, Esq., his Mnj'ties surveyor, from 
loging in ye woods in ys Province." 



1717.] JOURNAL OF COUNCIL AND ASSEMBLY. 717 

Voted, That Lis Excellency be p'sciited w* one Imndrcd and 
sixty pounds out of the interest of y'^ fifteen hundred pounds lett 
out to sundry Gent" in the year 1714. to be paid in bills of creditt 
of this Province. 

Read in the house three times & ordered to be sent up by four 
members. 

Josh. Pcirce, Clerk. 
In Councill. 
Oct. 11"', 1717. 
'Voted a concurrence. 

Pich'' AValdron, Clcr. Con. 
Adjourned to 3 o'clock, p. yi. 



[p. 85.] Pro: N. Ilamp'". Mett again according- to adjornm'. 
Present in Councill — as before. 

Geo. Jaffrey, Esq., made complaint to this board that he hav- 
ing mony due to him from the estate of Henry Williams, de- 
ceased, made application to Eicli'^ Waldron, Esq., as Judge of 
Probate, who referred his account to the Commission'"'' apx)oiuted 
to receive the claims due from said Estate, yv"^^ said Commission''^ 
cutt off great part of the complainant's account to his great dam- 
age. Whereupon, it was 

In Councill 

Itesolvcd, That the whole account was good & ought to be 
allowed. 

Piich'i Waldron, Cler. Con. 

Theo. Atkinson, Esq.. p'ferred a paper to this board requesting 
the privilege of another publick house at N. Castle, &c., yv^^ 
being read was sent down to the house of Eepresentatives by 
Shad. Walton and Eich'^ AVibird, Esqs., w"^ a vote of Councill 
thereupon, w'^'^ pp. & vote was returned from the house by one of 
the members not concui-red w*'^ — as on file. 

Col. James Davis brought up two votes to this board from the 
House of representatives, w*^"^ are as follows : 

Voted, That Geo. Jaftry, Esq., Mr. Edward Ayres & Capt. Sam' 
Hart, be the three men for laying tlie ministers tax on the bank 
l^art of the town for this year: — And Capt. John Pickeriu, Mr. 
^Vm. Cotton & Capt. Geo. Walker, be the three men for like ser- 
vice on south side of the mill-dam for this present year: — And 
that the several three men be impowered at the Expiration of this 
year, by themselves or the maj'" part, w* y'' assistance of a Just 



718 PROVINCE OF NEW-HAMPSHIKE. [1717. 

Peace, to convene the part of the town or parish to which they 
belong, & when mett they or the maj'' part of them p'sent, to 
choose three in their room, for the service afores"^, and also to add 
to said minister's tax what may be necessary for the repairs of 
the [p. 8C.] meeting house to each part of the town. 

Josh'' Peirce, Cler. Assem^. 
In Conncill. 
gbr iith^ 1717^ Voted a concurrence. 

Wliereas the Selectmen of Portsm" have complained to this 
house, that their town now lies und"" a p'sentment for want of 
schools in the town: 

Voted, That the Selectmen be impowered to call & agree w* 
two schoolmasters for the town of Pdrtsm", y^ one for Latin, the 
other for reading and writing & cyphering; — and settle them as 
may be most beneficial for the town, at their best discretion, 

Josh'^ Peirce, Cler. Assem*'. 
In Conncill. 

gbr iph^ 1717. Voted a concurrence. 

Richd Waldron, Cler. Con. 

Capt. John Gillraan brought a vote to this board from the house 
of Representatives requesting his Excellency the Gov'' to ord'^ the 
Capt. of the fort & keep'' of the King's stores to lay the true state 
of each before the house, — as on tile. 

Adjourned to to-morrow, 9 o'clock, a, m. 



[p. 87.] Pro : ]Sr. IIamp^ 

At a Gen' xVssembly held at Portsm° 
by adjornmS 8'^"^ 12^'', 1717. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov"", 
Sam' Penhallow, "I Geo. JaflVev, "j 

Mark Ilunking, i ^ Shad. Walton, [ y 

Jn'^ AVentworth, .[ ^^^^- Riclr' Wibird, f ^*^^- 

Tho. Atkinson, J Thom^ Westbrook, j 

Col James Davis, Esq., & three other members of the house of 
Represen'^ brought up the two following votes to this board : 

Whereas, John Bridger, Esq., his Maj"''^ Survey'' General, has 
Ord''^ to hinder all p'sons in this Province from going into his 
]yj;jjtic3 ^oods to cut any sort of timber; — w'''', for want of a fair 
representation to his Maj"'^ is very hurtful and ruinous to many of 
his good subjects : 



1"1~.] JOURNAL OF COUNCIL AND ASSEMBLY. 719 

Voted, That his Excellenc)' be requested to h'ly before ' liis 
Maj''« the grievance that many of his good subjects labor under 
by such restraint. 

Josli* Peirce, Cler. Assem''. 
Voted, That twenty pounds sterling be drawn out of the treas- 
ury of this Province, to be improved for agency to forward the 
above vote. 

Josh'' Peirce, Cler. Asscm''. 
TJead three times in the House of representatives and voted 
unanimously, and ordered to be sent to the upper house by four 
memb''^ of this house, for concurrence, 

J. P., Cler. Assem'^. 
3br i9th^ 1717. I^ Councill. 

Voted a concurrence w"' both the foregoing votes. 

Rich'' Waldron, Cler. Con. 

[p. 88.] Voted, That there be one licensed house at Great 
Island in N. Castle, for entertainm' of strangers, &c., besides w' 
is already allowed pr. former Act. 

Josh* Peirce, Cler. Assem^'. 
8'^'^ 12«^, 1717. 

Voted a concurrence, — Eich'i "Waldron, Cler. Con. 

Mr. Sheritr Gambling made a representation of the deficiency 
of the Goal to this board, &c. 

The Clerk was sent down to the house of Representatives by 
his Excellency the Gov"', to require the attendance of that house 
at y*' Councill board. They came accordingly. Then the follow- 
ing bills (viz.), Ab' altering. the time of the Court of Appeals 
sitting; ab' shingles, & ab* tarr, pitch, &c., were past into Acts, 
by being signed and sealed in p'sence of the Avholc Gen^ As- 
sembly. 

Then his Excellency made y'= following speech : 

Gent^n: — I can't enough commend the loyalty and unanimous 
proceedings of both houses at this juncture," when some ill- 
minded ij'sons were endeavoring to disturb the quiet and peace of 
this Province, and to introduce confusions amongst us. 

So soon as I shall return to Boston, I shall send home an ac- 
count of your proceedings, w*^'' I am sure will be thought praise 
wortjiy. 

I have, by the advice of y'^ Councill and desire of the low' 
house, issued forth a Proclamation, w'^'' being joyned w"^ yo"" best 
endeavours, upon yo'' return to your respective towns,' will, I 
hope, p'veut and break the measures of the disaffected, and also 
be for the information of those that were ignorant and misled and 
[p. 89] bring them to their duty, w'^'' W'ill quiet the minds of his 
Maj''«5 good subjects. 



720 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Geflfn : — I return you my tliaiiks for your p'scut, and also for 
your promise to make it equal to my p'decessors, at our meeting 
in tlie spring-; and shall also upon the memorial you have deliv-, 
ered to mc, use my best endeavours to get the King's Ord''* in rela- 
tion to the timb'' explained and made easy to tlie people of this 
Province. 

The affairs of this session being so liappih" concluded, I do pro- 
rogue you to the second Tuesday in January next. 

Sam'l Siiute, 
S'"- 12, 1717. 

Prorogued to Tuesday the fourteenth day of Jan^ next. 



Pro : N. IIamx)^ 

At a Gen' Assembly held at Portsm'' 
by prorogation, January 14"^, 1717-8. 
Present in Councill 
The Ilon''''^ John Wentwokth, Esq., Lt. Gov"",* 
Sam' Penhallow, j^ 
Geo. Jatirev, > Esqs, 
Picli'i AYibiVd, ) 
Pursuant to an ord'' from his Excellency the Gov'' to his Ilon"^ 
the Lt. Gov'' for prorogueing the Gen' Assembly, 
In Councill 
Ordered, That the said Gen' Assembly be prorogued from this 
day to Tuesday, the 29*'^ day of April next ensuing, and that the 
Clerk issue out proclamations accordingly. 
Prorogued to Tuesday, the 29"' April, 1718. 



[r. 90.] Pro. N. Hamp''. 

At an especial sessions of the Gen' 
Assembly held at Portsm", Feb. 21, 
1717-8. 
Present in Councill, 
The Honorable Jn° Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ) Shad. T,^alton, ) 

Mark Ilunking, > Esqs. Eich'' AVibird, > Esqs. 

Geo. Jaftrey, " ) Thorn' Westbrook, ) 

The Clerk was sent down to the house of Representatives to 
call them to this board. They came accordingly, where his Hon'' 
the Lt. Gov'' made the following speech : 

GeiiVn: — Whereas, the King has been pleased to apj)oint mc 

*See Lt. Govr. Weutworth's Commission in Kecords of Council, Vol. II., p. 712. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 721 

Lt. Gov of this his Maj''<'^ Province of N. IIamp% and this being- 
the first opportunity I have had of seeing the Gen' Assembly, 
60 I gladly embrace it: 

To assure you that I will to the utmost of my power support 
and maintain the hou'' of the Crown, und'" the most happy reign 
of our Sovereign Lord King Gieorge and his most illustrious 
family. 

And I doubt not but you will all as good and loyal subjects joyn 
w"* me herein; and as t am for supporting the prerogative of the 
Crown, so you shall always lind me ready and willing to fall into 
all such just measures as "may tend to the maintaining & defend- 
ing our rights and properties', so far as in me lies. 

There has been an unhappy ditference in this town, the occasion 
now too long to relate, w"^ ditierence has in some measure affected 
y*^ whole Province ; but thanks be unto God, they are much abated, 
and some good steps have been taken for an accommodation, so 
that if every one of us in our several stations will put a helping 
liand, I doubt not but in a short time we may have a good har- 
mony both in town and Province, — the attaining of which will 
give glory to God and peace to ourselves. 

Genfn: — The Principal thing I shall recommend to yo"" consid- 
eration at this time is [p. 91.] the Province Eecords, a matter that 
concerns posterity, and on w"'' our properties very nuich depend. 

The Gent" in whose hands they now are, is dangerously ill, & 
it's thought cannot continue long; — therefore, in point of pru- 
dence, we ought to think of a proper person to receive the records 
w"^ all the books, tiles & papers thereunto belonging. 

I would also put you in mind of those bonds w*^*^ belong to the 
Province that was lodged w"" Col. Smith, late of Hampton, de- 
ceased, that you will take care the vote of Gen' Assembly be ob- 
served therein. 

John Wentworth. 

Adjorned to to-morrow, 10 o'clock, a. m. 



Pro: N. IIamp^ 

At a Gen' Assembly held at Portsm" 
Feb. 22<i, 1717-8. 
Present in Councill, 
The IIon'>'« Jn° Wentworth, Esq., Lt. Gov% 
Sam' Penhallow, ^ Shad. Waldron, ^ 

Mark llunking, > Esqs. Pach'' Wibird, > Esqs. 

Geo. Jaffrey, ) Thom** Westbrook, ) 

Jotham Odiorue, Esq., brought up the following vote to this 
board : 

Voted, That Mr. Speak'' Packer, Mr. Eph'' Dennet and Josh^ 
Peirce, be a Committee from tliis house to demand the bonds that 
were formerly given by sundry gent" of y"-" Prov: for fifteen hun- 
dred pounds bills of credit of y^ Prov : formerly lent to them ; — 
v;"^ bonds were lodged in y« hands of Col. Joseph Smith, deceased-; 
46 



722 PROVINCE OF NEW-HAMPSHIRE. [1718. 

& now to be demanded of his widow relict, & when received, to 
be lodged in the hands of the Speak' of the house of Represen*' 
for time being, till further order'^. 

21^' Feb., 1717-8. Josh'' Peirce, Cler. Assem'. 

In Councill. 

Feb. 22'!, 1717-8. Voted a concurrence. 

Eich"! Waldron, Cler. Con. 

[p. 92.] Capt. Jotham Odiorne, Esq., and Capt. John Gillman 
brought the following vote to this board : 

"Whereas there has been some proposals of moving the Province 
Eecords from Maj. Vaugban's, it being supposed that he, the said 
Maj'', was rendered uncapable of officiating in s'^ office through 
natural indisposition : 

The House ha"sdng by a committee conferred w^'^Maj. Vaughan, 
do find him capable to p'form w'' needfull as formerly relating to 
that office; and w^e that are present being but ab' half of the so- 
ciety: 

Voted. That the s'^ Eecords be continued w"' J^Iaj^ Vaughan, 
till further ordered. 

Josh* Peirce, Cler. xissem*^. 
In Councill. 

Feb. 22^ 1717-8. Voted a concurrence. 

Eich"^ Waldron, Cler. Con. 

One of the memb"'^ of the House of Eeprescntatives brought 
the following request to this board: — 

Whereas we have been informed, that Oliver Noyes and Elisha 
Cook, Esq., of Boston, have had administration granted to them 
by the judge of Probate, &c., of this Prov: on the pretended 
rights and properties of Sir Charles Hobby, deceased, and the 
bonds given for their regular administration iwas not sufficient: 

"Wliereupon, it is the desire of the whole house present, that 
the upper house, w^ho is the Supreme Judge of Probate, &c., 
would putt a stop to any further proceeding in that affiiir, till the 
interest of the Province be a little consulted. 

22'', Feb. 1717-8. Josh'' Peirce, Cler. Assem^ 

The Gen' Assembly stands prorogued, according to former pro- 
rogation (viz.), to y^ 29"' day of April, 1718. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 723 

[p. 93.] Pro : N. Ilamp^ 

At a Gen' Assembly held at Portsm" 
by prorogation, April 29*, 1718. 
Present in Conncill, 
His Excellency Sam' Shute, Esq., Gov', &c.. 
His Hon'' Jno. AVentwortli, Esq., Lt. Gov'', 
Sam' Penliallow, j^ Geo. Jaffry, j^ 

Mark Hunking, > Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) Rich'' Wibird, ) 

Tho' Westbrook, Esq. 
Rich*^ Wibird, Esq., was sent down to the house of Represen- 
tatives to require their attendance at y® Conncill board. They 
came accordingly, where his Excellency the Gov"^ made the fol- 
lowing speech. 

GenP' : 

This being the usual time for y'' spring sessions, I am come to 
meet you and am glad to find that those coals of contention w*^*" 
were kindled & blowing up amongst us are bj^ your care in your 
several stations so happily extinguished. All that I have of mo- 
ment to ofier to you at this time is, that some speedy methods 
might be thought on, for y*" encouragem' of raising hemp and 
other naval stores, w'^'' will be very acceptable to y"^ Court of 
Great Britain, & highly advantageous to this Province ; as also 
that there may be an Impost & Excise, w'*' I am informed hath 
been vour constant practice before my arrival in this governm'. 

GeiW' : 

I believe this is a busy season of the year; I shall therefore, so 
soon as yon have dispatched w''' shall be necessary, dismiss you 
to pursue your own private affairs. 

Sam' Penhallow & Theo. Atkinson, Esqs., were sent down to 
the House of Representatives, to recommend to their considera- 
tion the making an especial ord"" of Gen' Assembly to appoint a 
new Grand Jury of Inquest, to inquire into the indictment exhib- 
ited against John Keuniston, on suspision of murthering an 
Indian, &c. 

Capt. Josh=» Peirce came to this board and desired in behalf of 
y^ House of representatives a Coi)y of the Gov''*^ speech, — w'^'^ 
was granted, the same being sent down to s'' house by the clerk. 

Adjourned to tomorrow, 10 o'clock, a. m. 



'24 PROVINCE OF NEW-HAMPSHIRE. [1718 

[p. 94.] Pro : N. Ilamp'". [Met according to adjorum'.] 
Present in Council], 
His Excellency Sam' Sliuto, Esq., Gov"", 
His Hon"' John Weutworth, Esq., Lt. Gov^ 
Sam' Penhallow, ? ^^ ^_ Shad. Walton, ? ^ 

Theo. Atkinson, ^ ^^*^1'^- Kichi Wibird, \ ^^*1'^- 

Adjourned to 3 o'clock, p. m. 



Esqs. 



Pro : N. IIamp^ Jlet again according to adjornm'. 
Present in Councill, 
As before — also, 
]\[ark Hunking, 
George Jaft'rv, 

Capt. John Downing p'ferred a Petition to tliis board directed 
to his Excellency the Gov'' and Councill, signed pr. y*" Selectmen 
of Newington in behalf of that Parish, for an enlargem' thereof, 
as on file. 

In answer to w'^'^ His Excellency the Gov"" and Councill say, 
That they find in the Eecords of Gen' Assembly, the said parish 
ah'eady polled ofi" and cannot see any reason at p'sent to alter the 
same. 

Eich'i Waldron, Cler. Con. 
Adjourned to tomorrow, 10 o'clock, a. m. 



Pro : N. Hamp^ 

At a Gen' Assembly held at Portsm" 
by adjournm', May l'^', 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov'', 
His Hon'' John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ^ Geo. JafTry, i 

]\Iark Hunking, > Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) Rich'' Wibird, ) 

George Jaffry and Rich"^ Wi]:)ird, Esqs,, Avere sent down to the 
house of representatives to make a second motion to that house 
ab' passing an especiall Act for a new [p. 95.] Grand Jury in y 
case of John Kenniston before mentioned. 

Col. Mark Hunking, Esq., was sent down to the house of repre- 
sentatives w"" a vote for appointing a new Grand Jury. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 725 

Lt. Col. James Davis, Esq., brought up y*' house of Represen- 
tatives' answer to the Gov" speech to this board, w'^'' is as follows: 

May it please your Excellency : — 

It is with much pleasure that we now have an opportunity to 
meet yo"' Excellency, when those jarrs and discords W^^ have' for 
some time past unliappily disturbed and clogged the affairs of this 
Goverimi' are vanished. 

We are of opinion that the raising hemp and other naval stores 
would highly conduce to \^ interest of this Province, as well as be 
serviceable to y« Crown of Great Britain : but by reason of the 
late long and tedious warr, the people of this Prov: have been so 
long pent up as that yet there is not land enough opened to raise a 
sufficiency of corn for their support, so that atpresent we are not 
capable to p'scribe measures that may encourage it. 

And as to an Act of Impost, we are of opinion that the charges 
of the Goverura' are more easyly defrayed by way of tax upon all 
persons and estates, and that its most for y interest of all his 
Maj"*'* good subjects of this Prov: to have a free port this year. 

But we think an Act of Excise very reasonable, & desire one 
may be p'pared accordingly. 

xVnd as it is y" seed time of y« year, we shall to our utmost for- 
ward all busyness that this session may be short, and in order 
tliereto desire that the Committee for auditing accounts & revising 
and p'paring Laws may speedily give in their reports that we may- 
proceed on them. 

Thorn' Packer, Speak^ 

Capt. Hugh Reed brought the two following votes to tliis 
board, &c. 

[f. 96.] Voted, That the Excise be continued for y^ year ensu- 
ing as formerly. 

30"! Ap' 1718, Read three times, and ordered to be sent up for 
concurrence. 

Josh* Peirce, Cler. Assem^ 

In Councill. 
May 1^*, 1718. Voted a concurrence. 

Rich"! AValdron, Cler. Con. 
Voted, That Capt. Hugh Reed and Mr. Eph'' Dennet be a Com- 
mittee from this house to joyn such as shall be chosen by the 
upper House to form y^ Excise of y'^ Province for y^ year ensuing. 
Ap' 30"^, 1718. Read and ordered to be sent up for concurrence. 

Josh* Peirce, Cler. Assem'y. 
In Councill. 
May I'S 1718. Voted a concurrence ; and that Theo. Atkinson 
and Rich'^ AVibird, Esqs., be of a Comittee of y Councill for y« 
ser\'ice above. 
Adjorned to 3 o'clock, p. 3i. 



726 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Pro : N. IIamp^ Mett again according to adjornm'. 
Present in Couucill 
as before. 
The Committee for supervising the Laws, &c., p'scnted severall 
bills to this board, w<='' they had prepared in ord"" to pass into Acts, 
w'^'' had a first reading & were sent down to the house of Repre- 
sentatives pr. y^ clerk. 
Adjorned to tomorrow, 11 o'clock, a. m. 



[p. 97.] Pro. N. Hamp^ 

At a Gen' Assembly held at Portsm° 
by adjornm' May 2'^, 1718. 
Present in Couucill, 
His Excellency Sam' Shute, Esq., Gov"", 
His Hon"" Jno. Wentworth, Esq., Lt. Gov% 
Sam' Penhallow, ^ Geo. Jaffrey, ^ 

Mark Ilunking, >Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) llich" Wibird, ) 

Sam' Easman, Esq., p'sented a Petition to this Board directed 
to the Gen' Assembly, signed by himself in behalf of the town of 
Ivingston, that the s'' town might be granted & have a pi'opor- 
tionable part of the fifteen thousand pounds bills of credit lately 
made w*in this Province.* 

Joseph Clifford presented a petition to this board signed by 
himself in behalf of his father, John Clitford. 
Adjorned to 3 o'clock, p. m. 



Pro: N. Ilamp. Mett again according to adjornm*. 
Present in Couucill, 
As before, except Mr. Atkinson. 
The Clei'k was sent down to the house of Representatives w"^ 
two petitions p'ferred this day : the one signed x^r. Sam' Eastman^ 
Esq., y*^ other pr. Jos. Clifford. 
Adjorned to tomorrow, 10 o'clock, a. hi. 

• [From Journal of the House.] 

jMay 10, 1718. The Petition of ye Inhabitants of Kingstown having been read & 
considered in this House, 

Voted, yt ye Inhabitants of Kingstown shall have five hundred pounds out of ye 
I500 pounds yt is in ye hands of ye Grand Comittee for managing ye 15,000 pounds of 
Bank bills, provided yr be so much left, when ye charge of making, signing & emit- 
ting, &c., of sd Bills of credit be defrayed. 



1718.] JOURNAL OP COUNCIL AND ASSEMBLY. 727 

Pro : N. Hamp^ 

At a Gon' Assembly held at rortsm" 
b}' adjornm*, May 3'i, 1718. 
Present in Councill, 
His Excellency Sam^ Shute, Esq., Grov'', 
His Hon'" Jno. Wentwortli, Esq., Lt. Gov^ 
Sam' Penliallow, ? t^^^,^ Geo. Jaffrey, ? -p 

Mark Hunking, \ ^^^l'^' Shad. Walton, (, ^^"l^- 

Pich'i Wi])ird, Esq. 
[p. 98.] Geo. JaflVey, Esq., was sent down to the House of 
representatives to require their attendance at this board, in ord'^ 
to a conference ab' a new Grand Jury of Inquest, &c. They 
came accoi-dingly, and after y*' conference was over they w*''drew 
& returned to their own house, & in some shoi't time after sent up 
y« following vote of Councill concurred w"' by s'^ house, by Capt. 
Josh'' Peirce and Capt. Hugh Reed. 

In Councill. 

[Note. — This vote is not on record.] 

Adjorned to Mondaj' next, 3 o'clock, r. M. 



Pro : :N". Hamp--. 

At a Gen' Assembly held at Portsm° 
by adjornm'. May 5"^, 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov"", 
His Hon"" Jno. Wentworth, Esq., Lt. Gov^ 
Sam' Penliallow, ^ Geo. Jaffrey, j) 

Mark Hunking, > Esqs. Shad. Walton, V Esqs. 

Theo. Atkinson, ) Pich'' AYibird, ) 

Thom^ Westbrook, Esq. 
Capt. Hugh Reed brought up Joseph Clifford's Petition to this 
board, as on file, w* vote thereupon, w'^'' is as follows: 
[p. 99.] In the House of Represent^ 

Whereas a Petition directed to the Gen' Assembly, signed by 
Joseph Clifford in behalf of his father, John Clifford, has this day 
been read & considered in this house, wherein he hath requested 
that the said John Clifford may be enabled by an especial Act of 
Gen' Assembly, to dispose of such part of the estate formerly 
granted away unto his son Jacob Clifford (in consideration that 
his son Jacob should maintain him during the father's life; for x^ 
Ijerformance of w'''* considerations the said Jacob bound himself 
in a fifty pound bond to his said father, w'^'^ bond we find to be 



728 PROVINCE OF NEW-HAMPSHIRE. [1718. 

very vicious, not according to law, & a bond tliat will not answer 
y'^ end it was designed for; the said Jacob Clifford is dead, y^ 
consideration of y'^ deed or bond not fulfilled) as may support and 
maintain him during his life, and defray the chai-ge that he has 
been at since the death or decease of liis son Jacob: w^'npon 
it was 

Voted, That the petitioner enter upon y*^ estate mentioned in the 
said petition, or mentioned in a Deed referred to in s'^ petition and 
improve the same to y best advantage, for the support of his 
father during his father's life, & so long after as till all charges 
arising for the support of the father since y'' death of the said 
Jacob Clifford be discharged, as also the funeral chai-ges paid; 
and then the heirs of y^ said Jacob Clifford to enter thereupon. 

Josh"^ Peirce, Cler. Assem'^'. 

o'l May, 1718. 

In Councill 

6* May, 1718. Voted a concurrence. 

Eich'i Waldron, Cler. Con. 



[r. 100.] Pro : X. IIamp^ 

At a Gen' Assembly held at Portsm° 
by adjornm' May 6, 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov% 
His Hon"^ Jno. Wentworth, Esq., Lt. Gov"", 
8am' Penhallow, ^ Shad. AValton, "^ 

Mark Hunking, > Esqs. Ilich'^ Wibird, > Esqs. 

Geo. Jaffrey, ) Thom^ Westbrook, ) 

Adjonied to 3 o'clock, r. jr. 



Pro. X. Ilamp''. Mett again according to adjornm'. 
Present in Councill, as before, — also 
Tlieo: Atkinson, Esq. 

The clerk was sent down to the house of Representatives to re- 
quire their attendance at the Councill board, at a hearing relating 
to a difference in the parish of Oyster River. They came accord- 
ingly, & the p'ties being p'seut, there was a full hearing of the 
whole aflair; — after w*^*^ the p'ties w"'drew ; the house of Repre- 
sentatives returned to their own house, & the matter left under 
consideration. 

Adjourned to to-morrow, 10 o'clock, A. M. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 729 

Pro : N. IIalrlp^ 

At a Gen' Assemblj- hekl at Portsni° 
Ly adjormS May 7'^^, 1718. 
Present in Conncill, 
His Excellency Sam' Slmte, Esq., Goa''", 
His Hon-" Jn° Wentworth, Esq., Lt. Gov'', 
Sam' Pcnhallow, > Shad. AValton, ? -p„^_ 

Mark Hunking-, V Esqs. Eich'' AMbird, $ ^^^■^• 

Geo. Jatfrey, ) 
Two inembers of the house of Eejiresentatives brouglit an Ex- 
planatory vote to this board, ab' y® vote of Gen' Assembly, dated 
gbr gth^ 1717^ relating to y« meeting-houses at Portsmouth,* as on 
file. 

The clerk was sent down to y^ house of Represent' w"' an addi- 
tional vote ab' running town & parish bounds, &c. 
Adjorn'' to 3 o'clock, i\ M. 



[p. 101.] Pi"o: N. Ilamp''. Mett according to adjornm*. 
Present in Councill, 
as Before. 
Col. Rich'' Waldron, Esq., as Judge of y^ Court of Probate, ap- 
peared at this board and prayed the advice of his Excellency the 
Gov"" & Councill, — relatiug to his granting letters of Admiidstra- 

* [From Journal of the House.] 

An Explanation of ye vote of ye Genl. Assembly, past in 8 Octobr., 1717, relating to 
ye differences in ye town of Portsmo : 

Wliereas, there was two Petitions p'ferred to ye Genl. Assembly, one by ye party of 
ye Bank x>arish, ye other by ye mill-ilam Paris-h, relating to ye settlement and sup- 
port of ye ministry in each Parish; Amongst other particulars then resolved on, it 
was Voted, yt all ye Inhabitants of Portsmo, unless those therein excepted, viz. : yo 
Parish of Greenland & those formerly set otf to Newington, should be assessd to ye 
support of Mr Rogers, as formerly, by three men legally chosen at a regular Parish 
meeting for yt end ; — Excepting, also, all those y t were disposed to support ye minis- 
try in ye Old meeting house, who by said vote were oblidged to distinguish themselves 
— Capt. Pickerin being present as representative for ye mill-dam Parish — by giving 
in yr names to ye selectmen of j'e town on or before ye 20th of Novr. of abovesd year: 
& whereas by misrepresentation of sd vote, sundry Inhabitants have been rated by 
ye chosen wardens to both Parishes, to ye great wrong of sd Inhabitants .so taxed and 
rated. 

Voted, yt it is to be understood yt all ye Inhabitants belonging to ye Parishes of ye 
Bank & Mill-dam, were, from that day forward to be at their liberty to joyn them- 
selves to wch. Parish they pleased; & yt having declar'd to which ministry they would 
joyn, they should not be rated or tax'd by ye church-wardens of ye other Parish; — any 
law, usage or former custome to ye contrary notwithstanding. 

Read in ye house of Representatives & ordered to be sent up to ye upiier house for 
concurrence. Josha. Peirce, Cler. Assem'y. 



730 PROVINCE OF NEW-HAMPSHIRE. [1718. 

tion on y" estate of Sir Charles Hobby, dec"^, unto the creditors of 
s^ estate. The advice of the Board is, that the matter be deferred 
till next week, at w"^*^ time there may be an opportunity to advise 
w"' Messrs. Dudley and^ Valentine, counsellors ^at law, on that 
head. 
Adjorned to Friday, 9 o'clock, a. m. 



Pro : N. Ham'p'. 

At a Gen' Assembly held at Port?m° 
by adjornm', May 9"S 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov"", 
His Hon"" Jno. Wentworth, Esq., Lt. Gov'', 
Sam' PenhalloAV, ) Shad. AValton, 

Mark Himkiug-, >Esqs. Rich'' Wibird, 

Geo. Jatirey, j 
Adjorned to 3 o'clock, p. m. 



Esqs. 



Pi'o: N. Hamp'. Mett again according- to adjornm'. 
Present in Councill, 
as Before. 

Rich"^ Dolloff p'fen-ed a Petition to this board, directed to y 
Gen' Assembly, &c., w*^*^ was read. 

Sam' Easman, Esq., brought two votes to this board from y* 
House of represent^ one ag*' gaming' in publick houses, (1) w'='^ 
was sent back to s'' house, pr. Col. Walton, for ameudm' ; the other 
was relating to the Parish of Oyster river, w'^'^ was concurred w*, 
& is as follows : 

[p. 102,] Whereas, the Parish of Oyster River, in Dover, have 
by a Petition p'ferred to tlie Gen' Assembly prayed that the min- 
istry w"^n s*^ Parish may be settled, so as may best accommodate 
the inhabitants of s*^ Parish, (2) 

[From .Journal of the House.] 

(1) 9tli May, 1718. Voted, That yr be an Additional Act to ye Act formerly made 
for Insi)cctin,8: & sui>i)re.ssing of Disorders in licend houses — »& yt yr he a Comitteo 
apointd to draw up ye Act accordingly, against card, dice & pen-playing & shufel- 
board. Josha. Peirce, Clk. Assemy. 

(2) [The Rev. Hugh Adams commenced preaching in Oyster River about 1716, but no 
church was gathered until about the time of his ordination, Starch 2C, 1718. He was 
graduated at Harvard College, 1097, and was dismissed from his charge, Jan. 23, 1739. 
He was a man of very eccentric character. He died, in 17.50, at the age of 74. See 
further notice of him in this vol. under the year, 1739.] — Ed. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 731 

Voted, That tlie Minister for the time being- do preach at both 
the old and new Parish meeting-liouses alternately in s*^ Parish, 
excepting- the three winter months, ^\''^^ shall be left to the choice 
of s'l minister. 

Read in the honse of Eepresentatives three times, and ordered 
to be sent ui3 for concurrence. 

Josh'' Peirce, Cler. Assem'. 
In Councill. 
May 9"', 1718. Voted, concurrence. 

Eich-i Waldron, Cler. Con. 
Rich'i Dolloff's petition was sent down to the house of represen- 
tatives pr, the clerk. 

Capt. John Gillman brought up Jl'ich'^ Dolloff's petition to this 
board from the house of Kepresentatives, w"' a vote thereupon, 
w'^'* vote is as follows : 

Voted, That ten pounds be paid out of the publick treasury of 
this Province to Mr. Jacob Wiudal of Boston, on y® account of the 
petitioner. (1) and that Rec' be taken therefor. 

Read in the house of Represejitatives and ordered to be sent up 
for concurrence. 

Josh'* Peirce, Cler. Assem^. 
In Councill. , 

May 9'S 1718. 
Voted, a concurrence. 

Rich'i Wakirou, Cler. Con. 

[p. 103.] James Davis, John Gillman and Sam' Easman, Esqs., 
came to this board from the house of Representatives, and de- 
clared that they were present in s*^ house when the vote of Gem 
Assembly ab' y"* diiference at Portsm°, dated Ocf 10, 1717, was 
past in that house, & that Capt. Pickerin, being sent for, was 
p'sent in said house & heard said vote read; v^^ he said was right, 
and consented to before the same was past. 

Adjorn'^ to to-morrow, 10 o'clock, a. m. 

[From Journal of the House.] 
(1) racliil. Dolliffe having Pelition'd ye Geiil. Assembly for reliefe, being much re- 
duced by journeying to Canada, &c., for his captive children. 
Vated, &c., (as above.) 



732 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Pro : N. Ilamp"". 

At a Gen' Assembly held at Portsm", 
May 10'\ 1718. 
Present in Council], 
His Excellency Sam' Shute, Esq., Gov'', 
His Hon'' John WentAVorth, Esq., Lt. Gov'", 
Sam' Pcnliallow, 1|) Shad. Walton, J) 

Mark I hulking, > Esqs. llich' Wibird, > Esqs. 

Geo. JaflVey, j Thom'' Westbrook, ) 

Thomas Westbrook, Esq., was sent down to the house of Rep- 
resentatives to enquire whether they had any matters to lay be- 
fore this board. 

James Davis, Esq., brought up the representatives' vote ab* gam- 
ing, w*^'' Avas sent down for aniendm', w"^out any alteration (1). 
Adjorn'' to Monday, 12"' inst., 10 o'clock, A. M. 



Pro : 'N. IIamp\ 

At a Gen' Assembly held at Portsm" 
by adjornm', May 12, 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov', 
His Hon"" Juo "Wentworth, Esq., Lt. Gov', 
Sam' Pcnhallow, ^ Geo. Jaffrey, ^ 

^Mark H nuking, > Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) liich'^ Wibird, ) 

Thom" Westbrook, Esq. 
[p. lOi.] Maj. Peter Wear, Esq., & Messrs. Tillton & Wait 
p'ferred a Petition to this board directed to his Excellency the 
Gov' and Council, y\"^^ being read & considered, the following 
A'ote was past thereupon: 

In Councill, 12"» May, 1718. 
The Petition of Peter Wear, Esq., of the New Parish of Hamp- 
ton, and several other of the Inhabitants of the said Parish, pray- 
ing they might be separate from y^old parish at their general town 
meeting, and that they might be empowered to call a meeting 
amongst themselves for chusing town officers, &c., being read & 
considered : 

[From Journal of the House.] 
(1) May 10th, 1718. 

Voted, Yt any member of this House yt shall neglect to wear liia sword, or be 
found w'thout it, during ye sessions of Genl. Assembly, from this day, shall pay a fine 
of five shils. to dark, for ye use of ye house. 



1718,] JOURNAL OF COUNCIL AND ASSEMBLY. 783 

It is allowed that the s*^ new Parish at Hampton have liberty to 
call a publick Parish meeting annually, to choose select men, and 
such ofRcers as may be convenient, to manage their parish aftairs, 
and to choose one representative to send to tlie Gen' Assembly as 
they shall have a lawful! p'cept for so doing; but as to their com- 
mon land, maintaining their minister, & paying their proportion 
to the Prov: taxes, they remain as they were formerly. 

Kichd. Waldron, Clcr. Con. 

Adjourned to 3 o'clock, p. m. 



Pro : N, Ilamp'". Mett again according to adjourn'. 

Present in Conncill, 
As Before. 
Capt. Hugh Read and Mr. Jn° Dam brought the tv.'o following 
votes to this board. 

Yoted, That Lt. Colonel James Davis be added to the Grand 
Committee for managing [p. 105.] y"^ lifteen thousand pounds 
raised in October, 1717, in y'= room of Lt. Col. Joseph Smith, of 
Hampton, Dec''. 

Josh. Peirce, Cler. Assem''. 
May 12, 1718. In Conncill. 

Voted, a concurrence. 

Eichd. Waldron, Clcr. Con. 

In Councill. 

Whereas there was a vote of Gen' Assembly in Decern'', 1715, 
ordering that all the town and parish bounds wi"'in this Proidnce 
should be seen & established, and appointing a Committee for 
that service, oblidging them to make return of their doings 
therein unto his Hon"" the Lt. Gov""; & further, y' y^ s'' Comittee 
be sworn before a Just. Peace, to y® faithfull discharge of their 
office ; and further, y' y" bounds between Portsm'^ and lIamx)ton 
be first run, and so round in course. 

May 7, 1718. Eichd. Waldron. 

In the House of Eepresentatives. 
Eead and concurred w"*. 

Josha. Peirce, Cler. Assem^. 

Also Voted, That Wm. Moor be added to the above Committee, 
& that the s'^ committee do meet at any time & place according to 
a warr' or ord'' of the Lt. Gov"" und"" his hand, upon y'= forfeiture 



734 PROVINCE OF NEW-HAMPSHIRE. [1718. 

of 20" pi' day for every day any p'son shall neglect -or refuse to 
appeal', unless lawful cause be shown for his absence. 

Read in y*^ house of Eepresentatives and order"^ to be sent up 
for concurrence. 

Josh" Peirce, Cler. Assemy. 

May 12, 1718. In Council]. 

Voted a concurrence. 

Rich<i Waldron, Cler. Con. 

[p. 106.] Capt Sara' Tebbets & Capt. Jno. Gillman brought up 
y* thi'ee following votes to this board. 

Voted, That the Acts w'^'^ are past this p'seut sessions be printed 
forthwith (1). 

Josh" Pierce, Cler. Assem^. 

May 13, 1718. In Councill. 

Voted, a Concurrence. 

Rich^ Waldron, Cler. Con. 

Voted, that the Indians that are coming on tliis special occasion 
of Kenniston's tryal, be allowed sixteen pence pr. man pr. day, 
during the time of the p'sent court, not exceeding the number of 
twenty, and for the future not to allow any Indian anj^ thing as a 
p'sent or towards their maintenance out of the jiublick stock or 
treasury w*out y*^ advice of the Gen' Assembly. 

Josh'' Peirce, Clerk Assem''. 

May 12, 1718, In Councill. 

Voted a concurrence. 

Rich'' Waldron, Cler. Con. 

Whereas the town of Kingston in this Prov : at this sessions of 
Gen' Assembly, have had the sum of five hund^' povmds voted- 
them out of the fifteen hund*^ pounds lodged in the hands of the 
Grand Committee, being part of the fifteen thousand pounds 
raised in 8''% 1717, 

Voted, That lOngston have five hund"' pounds out of the fifteen 
hund'' pounds aboves'', they paying the sum of three j)er cent, p' 
animni, and the principal also at y*^ time agreed on w"' the Grand 
Committee, and to give land security, the interest to begin upon 
Rec' of x" mony. 

Josh'' Peirce, Cler. Assemy. 

May 12, 1718. In Councill. 

Voted a concurrence. 

Rich'' Waldron, Cler. Con. 

(1) In the oldest copy of "Acts and Laws of the Province of New Hampshire," 
referred, to p. G31, as printed in 1710, are also the " Acts and Laws passed by the Gen- 
eral Court or Assembly of the Province of New Hampshire in New England: Begun 
and Held at Portsmouth the 13th Day of jNIay, 1718." 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 735 

[p. 107.] Capt. Hugh Read and Mr. Epli'' Dennet brought up 
a vote to this board relating to fishermen, &c. 

Shad. Walton & Rich'^ Wibird, Esqs., were sent down to the 
house of representatives w"^ a vote for building a state house, &c. 

One of the members of y'^ House of representatives brought y° 
following vote to y" board: 

A vote for deferring the paym' of one half of the two thousand 
i:)Ounds w*^'^ should have been raised this year, unto the year one 
thousand seven hundred twenty & three. 

Read and ordered to be sent up for concurrence. 

Josh'' Feirce, Cler. Assemy. 

May 12, 1718, In Councill. 

Voted a concurrence. 

Rich'i "\Yaldron, Cler. Con. 

Adjourned to tomorrow, 8 o'clock a. m. 



Pro: X. Ilamp"", 

At a Gen^ Assembly held at Portsm" 
bj' adjournm' May 13, 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov'', 
His Hon'' Jno. AVentworth, Esq., Lt, Gov'', 
Sam' Pcnhallow, j) Geo. Jaffrey, ^ 

Mark Hunking, > Esqs. Shad. Walton, > Esqs. 

Theo: Atkinson, ) Rich'' AVlbird, ) 

Tho^ Westbrook, Esq. 
Col. James Davis and three other members of y® House of rep- 
resentatives brought y*" following votes to this board. 

Voted, That his Excellency Col. Shute be i)'sented w"^ one 
hand'' & forty pounds, and that he be paid y^ same out of the 
treasur}'. 

Josh"' Peirce, Cler. Assem. 
13 May, 1718. In Councill. 

Voted a concurrence. 

Rich'' Waldrou, Cler. Con. 
[p. 108.] Voted, That Lf Gov"" Wentworth have fiye shilling a 
day added to the five shillings formerly allowed, during the ses- 
sions of Gen' Assembly, 

Josh"' Peirce, Cler. Assem''. 
May 13, 1718. In Councill. 

Voted, a concurrence. 

Rich-i Waldron, Cler. Con. 



736 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Voted, That Col. Thorn' Packer, Col. James Davis & Capt. 
Ilug-h Head, be a Committee of this House, to joyu such as shall 
be chosen by the upper house, to see the thousand pounds burnt 
w*^'^ is now ordered by the Gen' Assembly. 

Josh"- Peirce, Clcr Assem^. 
May 13, 1718. In Council!. 

Voted, a concurrence, & further voted that ]\Iark Ilunking, 
Geo. Jafircy and Rich'^ Wibird, Esqs., be of a Committee for that 
service. 

Rich<i Waldron, Cler. Con. 
In the House of Representatives. 
Voted, That there be an Act drawn up for y" shipping and reg- 
ulation of lishermen, & that there be a Committee appointed to 
draw up the Act accordinglJ^ 
Read & ordered to be sent up for concurrence 12 May, 1718. 

Josh'' Pierce, Cler. Assem^. 
Voted, That Jotham Odiorne, Esq., & Capt. Hugh Read, be a 
Committee from this house to joyn y* Committee of the Upper 
house, to draw up s"* Act. 

Josh'' Peirce, Cler. Assem^. 
May 13, 1718. In Couucill. 

Voted, a concurrence to both y^ above votes, & that Theo. Atkin- 
son & Shad. Walton, Esqs., be of y" Committee from this board 
for drawing \ip the s^ Act. 



Rich'i Waldron, Cler. Con. 



Adjourned to 3 o'clock, p. m. 



[p. 109.] Pro. N. Hamp^ 

Mett according to adjournm'. 
Present as Before. 
Voted, Tliat the fort boats and hands attend y"^ members of 
Couucill and Gen' Assem^ for carrying them uj) & down during 
the sessions of Gen' Assem^. 

Josh" Peirce, Cler. Assem. 
In Couucill. 
Voted a concurrence. 

Richd Waldron, Cler. Con. 
Adjourned to tomorrow, (1), 10 o'clock A. M. 

(1) "Mem: It being ye time of ye sitting of ye Superiour Court, ye House ad- 
journed from }'e Court House to ye gre it room in Mr. Spcalir. Packer's house." — Journ. 
of tbe House. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 737 

Pi-0 : X. IIamp^ 

At a Gen' Assemy held at Povtsm", 

by adjornm', May 14, 1718. 
Present in Conncill, 
His Excellency Sam' Shnte, Esq., Gov, 
His Hon"" John Wentworth, Esq., Lt. Gov, 
Sam' Penliallo-sv, ') Geo. JafFrey, ^ 

Mark Hunking, > Esqs. Shad. Walton, > Esqs. 

Theo : Atkinson. ) PiclV' Wibird, ) 

Thorn'* Westbrook, Esq. 
Several members of the house of Representatives brought the 
following- vote to this Board: 

Having examined tlie treasurer's Accounts in the year 171C ct 
1717, 

Voted, That his Excellency y^ Gov"" and Councill be desired to 
allow the same ; and that the several sums hereafter mentioned be 
also allowed and ord'' given for y^ paym'thereof, except onely Col. 
Vaughan's demand on account of the fort, uutill he gives a satis- 
factory account of the expense of powd"" ; and that the other sums 
•^rch ye treasurer has laid before us in his memorial be accounted 
for in the sessio)is of y*^ Assera^' in October next, and that the sum 
of nine hundred pounds Province bills be forthw*'' burnt in view 
of y'^ Gen' Assem^. 



Josh'' : 


Peirce 


',( 


£283: 


; 0: 





1-iO: 


; 0: 





125 


: 0: 





31 


: 0: 





24: 


10: 






Cler. Ass em. 



[p. 110.] Two years sallary to the 

fort, . . . . . 
His Excellency the Gov"^ 
The 5 p'cent abated to y'= several 

Const* on y** 2500 pounds 
21 days entertainm' of his Excell^, 
Y*^ Councill sitting 14 days in Gen' 

Assem. .... 

Y« Lt. Gov'' ditto, 14 days at 10s per 

diem, 7: 0: 

Cash lodged at Boston for Exch'^ of 

our defective bills, 
Francis Winckly 
Thomas Phipps, Esq., . 
James Jaftrey, 
John Wentworth, Esq., 

Sam' Penhallow, Esq., . 
Rich'' Dolloff, 

Jotham Odiorne, Esq., . 

47 



£584: 10: 



100: 


0: 





2: 


12: 


6 


12: 


0: 





1: 


11: 


6 


46: 


.18: 


9 


7: 


15: 





10: 


0: 





9: 


13: 


5 



£170; 



738 



PUOYINXE OF NEW- 



Mv. Will. Fellows, 
Maj''Weai-, .... 
Capt. Josh'' "Wing-ate 

Benj'" Gambling-, Esq., . 

Mi-.'cier. Walciron, 

Benj. Milton, .... 

Col. Thomas Packer, Esq., 

John Partridge, for his house and 
attendance of y** sick for y' 
Docf, &c., .... 



AMPSHIKE. 




28: 


12: 


6 


10: 


0: 





26: 


7 : 





U: 


0: 





140: 


0: 





1: 


0: 





89: 


8: 


4: 



[1718. 



£92: 7: 11 



IC: 12; 



£2G1: 0: 10 



£1107: 
£10; 



11; 

12: 



£1090: 19: 
Cler. Asseiu''. 



Voted, that y"^ last article of 

to he deducted, ])eiug disal- 
lowed by y*^ house 
13 May, 1718. Josh'' Peiree 

In Councill. 
May 14, 1718. Voted a concurrence. 

Pich*^ Waldron, Cler. Conn. 
The following bills being prepared by y'' Committee for Super- 
vising- the Laws, and laid before the Gen' Assembly in ord'' to be 
past into Acts, and the same being read in each house, were past 
accordingly, viz. : 

An Act of priviledge to the members of Gen' Assem'y. 

An Act to prevent charges arising upon this Province for pris- 
oners committed for theft. 

An Act against Hawkers, pedlers & petty chapmen. 

An Act for pi-evention of common nuisances arising by slaugh- 
ter-houses. Still-houses, &c., & curriers. 

An Act foi" High ways & i-cpairing thereof. 

An Act about powder money. 

[p. 111.] An Act to prevent trespasses in cutting down trees 
upon land without fence. 

An Act for passing sheriffs" accounts. 

An Act for the better regulation of swine going at large. 

An Act relating to strays & lost goods. 

An Act relating to sureties upon mean process. 

An Act to ease people tliat are scrupulous in swearing. 

An Act for the better regulathig town & proprietary meetings. 

An Act for the regulating mills. 

An Act for suppressing and punishing rogues, vagabonds, com- 
mon beggars, & other lewd, idle & disorderly p'sons, & also for 
setting y poor to woi'k. 

An Act for providing pounds & to p'veiit rescues & pound- 
breach. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 739 

An Act for y*^ ostablisliing" forms of oaths. 

An Act for regulating" fees. 

An Act for suppressing robbers & assaults. 

An Act for making lands & tenements lyable to y° paym' of 
debts. 

An Act for regulating the militia. 

An Act for repealing the Act ab' bankrupts. 

An Act for the payment of cure of souldiers that arc TTOundcd. 

An Act to prevent the concealing Estates from Assessors, 

An Act for restraining inhuman severities. 

An Act for regulating Ferries. 

An Act for the equal distribution of insolvent estates. 

An Act for the settlem' & distribution of y'= estates of Intes- 
tates. 

An Act to prevent causeless arrests. 

An Act relating to appeals from judgm' in barr or abatra'. 

An Act for the better securing the paym' of prison charges. 

An Act for regulating the fishery. 

An Act for encouraging y*^ killing wolves. 

An Act to enable towns, villages & i^roprietors in common and 
undivided lands to sue and be sued. 

An Act for prescribing forms of wrltts in civil cases. 

An Act for regulating cattle, cornfields & fences. 

An Act directing y'^ admission of Town Inhabitants. 

An Act against murther, &c. 

An Act to enable creditors to receive their just debts out of the 
effects of their absent or absconding Debtors. 

An Act for regulating weights i& measures. 

An Act relating to the office & duty of a Coroner. 

[p. 112.] The Clerk was sent down to the House of repre- 
sentatives to require their attendance at y° Councill board. They 
came accordingly; — to whom his Excellency made y<= following 
speech : 

Gen*". The' this session has been longer than usual, by it there 
has been a great many material affairs finished, which will tend 
very much to the good of this Province. I hope our future meet- 
ings will not take up so nuich of your time, which I know is not 
agreeable to your country affairs. 

I return you thanks for making good what you promised last 
session, as also for the present you have now made, and hope, 
when you have returned home, you will use your utmost endeav- 
ors to promote peace & good neighborhood in yo"" respective 
towns. 

Gent., I think fitt to prorogue you to y'^ first of Aug"^' next; & 
.accordingly the Gen' Assembly was 

Prorogued to the first day of Aug"', 1718. 



740 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Pro: N. Ilamp"". 

At a Gen' Assembly, held by proraga", 

Aug' 1, 1718. 

Present in Councill, 

The Hon'^''^ John Wentworth, Esq., Lt. GoV, 

And a Quorum of y^ Councill. 

Prorogued to y« 7 day of October, 1718. 



Pro : N. Hamp^ 

At a Gen' Assemy held at Portsm", by proroga- 
tion, October the 7 day, 1717. 
Present in Councill, 
Ills Excellency Sam' Shute, Esq., Gov"", 
Sam' Penhallow, ) Shad. Walton, ) -p 

:Mark Ilunking, V Esqs. liich'' Wibird, $ "'^'^l'^' 

Ceo. Jatirey, ) 
A precept being sent by his Excellency unto y" new Parish of 
Hampton, for convening together & making choice of a suitable 
p'son to sett in Gen' Assem^ at this session, they accordingly mett 
and made return of Peter Wear, Esq., who being approved of by 
y'' lower house, was sworn after the usual manner; Geo. Jeiirey 
[p. 113] & Rich'' Wibird, Esqs., being sent down by his Excel- 
lency, w"' Sam.' Penhallow, Esq., to administer said oaths. 

After that his Excellency was pleased to ord"" the lower house to 
come up ; who accordingly came : unto whom he made y" follow- 
ing Bi^cech. 

Gen'. — There was so much Inisiness done the last sessions \^ I 
do not know of much that will be necessary to be dune at this 
meeting. 

All that I have to recommend to you is what mv master the 
King commands me, wliich is — That the Castle being verv much 
decayed in its v/orks & fortifycations, should be repaired," & that 
the Goal be made so strong as" to p'veut escapes for y" fnture, and 
that a place of execution may be appointed, & a gallows erected: 
for Justice with her scales, without her sword, will make but a 
mean figure in the world. 

I am also to inform you that the Province of the I^Iassachusetts 
has, according to the "instructions given nie by y"^ King, granted 
their Lt. Gov'' some allowance to defray the charge whicli neces- 
sarily attends that station; & I qtiestio'n not but you will follow 
their laudable example. 

I hope that detachment which I sent under y^ command of Capt. 
Moody has at p'sent broke the vile designs of the Indians; but 
am sorry to hear that the greatest part of New Hamp'" men have 
so shamefully betrayed the trust their country reposed in them 
by desertion. I have ordered them to be taken up that so they 
may be brought to condign punishment, which I hojjc vrill pre- 
vent it for the future. I have used mv best endeavour to servo 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 741 

this Province by getting y'= tlnty of y"" lumber to be taken ofl^ & 
am ])loased I can acquaint youtliat I am not without hopes of liav- 
ing it done in a sliort time. 

Gen' — I have notliing further to recommend to you but dis- 
patch in tlie affairs before you. 

Adjourned to the 8"' instant, 10 o'clock, A. m. 



Pro : N. IIamp^ 

At a Ceu' Assem. held at Portsm" 
by adjornm*, Oct. 8"S 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov% 
His Hon"" John AVeutworth, Esq., Lt. Gov"", 
Sam' Penhallow, J) Geo. Jaffrey, ^ 

Mark Hunking, > Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) Rich'^ Wibird, ) 

[p. 114.] Mr, John Buss* of Oyster River i^'ferred a Peti- 
tion humbly desireing his Excellency, y^ Councill & Represen- 
tatives to order a competent maintenance for him during life ; Vv"'^ 
was sent down to the low"" house by Rich'' AVibird, Esq. 
Adjorned to 3 o'clock, p. m. 



Pro: K". Ilamp''. Mett again according to adjornm*. 
Present in Councill 
as before. 
Capt. John Gillman brought Mr. Buss's Petition to this board, 
w"^ a vote thereupon, w'^'' was concurred w"' in Councill. The 
Petition is on file,t & y^ vote as follows: 

The Petition of John Buss of Oyster River being read, wherein 
he setts forth his necessitous circumstances : 

Voted, That the Selectmen of Dover be advised to do their duty 
& take care of the s^^ John Buss, & supply him w"^ what he is in 
necessity of, according to y^ law of this Province; and that the 
Selectmen of Dover pay him twenty pounds out of the town stock 
to be paid quarterly from year to year. 

Josh'' Peirce, Cler. Assem'. 
Oct. 8, 1718. 
Eodein die. A^oted a concurrence. 

Richi AValdron, Cler. Con. 
Adjorned to y'= 9* instant, 10 o'clock, a. 3I. 

* As early as 1C51, a parish was foniied at Ovster River, and among other per- 
sons employed to preach was John Buss, a physic'an, who was niaiij' years a 
preacher, hut dever settled iu the ministrj-. Here he preached and practiced physic 
a number of years. See note p. 614. 

t The petition not now to he found,— Ed. 



742 PROVINCE OP NEW-HAMPSHIRE. [1718. 

Pro : N. Hami/. 

At a Gen' Assembly lield at Portsm" 
by adjorum*, Oct. 9"', 1718. 
Present in Councill, 
His Excellency Sam' Shiite, Esq., Gov', 
His lion"" Jno. Wentworth, Esq. Lt. Gov"", 



Esqs. 



Sam' Penhallow, 
Eich-' Wibird, 

Lt. Col. James Davis & Capt. Jno. Gillman came to tliis board 
& pi'ayed that the House of representatives might have a confer- 
ence w"" y'= Councill: It was answered as soon as there was a 
Quorum they should be notifyed to give y"' attendance, according 
to their desire. 
Adjoi'ned to 3 o'clock, r, m. 



[p. 115.] Pro: N. ^amp^ Mett again according to adjornm*. 

Present in Councill 

as Before. 

Also Mark Hunking, ^ 

Theo. Atkinson, > Esqs. 
Shad. Walton, ) 

The House of representatives were notifyed that there was a 
Quorum of the Coimcill, and that now they might give their atten. 
dance at the Councill board, upon a confei'ence, according to their 
desire in the morning. They came accordingly, & the matter in 
conferrence was, The charges brought in ag"' the Pro: & laid 
before that house relating to Kemiiston & Fox, imprisoned on 
suspicion of murther. The conferrence being ended, j^ represen- 
tatives withdrew to their own house. 

Mr. Sam' Jordan preferred an account to this board, of his Ex- 
pences in being sent eastward to speak w"^ the Indians, w"^"^ 
account being read was sent down to the House of represen- 
tatives pr. Sam' Penhallow, Esq. ; w'^'' was returned w"'out any 
vote thereabout, and given the Lieut. Gov"", &c. 

Jotham Odiorne, Esq., brought up y^ following votes to y^ 
board. 

Voted, That Mr. Speaker Packer, Jolm Gillman, Esq., Jotham 
Odiorne, Esq., & Capt. Hugh Peed be a committee of this house 
to joyn such as may be chosen of the upper house, to appoint a 
proper place for execution of criminals, & to order a gallows to 
be ei-ected for that end. 

Josh'' Peircc, Cler. Assem'^. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 743 

In Couucill. 
Voted A concuiTeuce: & tliat his IIou'' tlie Lt. Gov'', Col. 
Atkinson, Col. Walton and Capt. Wibird, Esqs, be of y'= Commit- 
tee for tliat service. 

Pticli'' Waldron, Cler. Con. 
Oct. 9, 1718. 

The Committee's retnrn ah' }'•= Gallo-ws is as follows : By virtue 
of the within vote, we the subscribers, think the proper place for 
punishing- criminal offenders to be at the late usual place near y" 
present goal ; & that for a gallows, it be in the old town train-field 
of Portsmouth, between Messrs. Wm. Cotton & Edward Cate, 
their houses. 

Tho' Packer, Theod« Atkinson, 

Hugh Reed, Shad. AYalton, 

Jotliam Odiornc, Rich"^ Wibird. 

[p. 116.] Capt. Eliphalct Coffin & Mr. Tristram Coffin prefer- 
red a petition to this board for cutting of an Intail, &c., w*^^ was 
read. 

Col. Atkinson j)'ferred a petition to this boai'd signed by him- 
self, Col. Walton, Capt. Odiorne & Capt. Reed, in behalf of the 
town of N. Castle, concerning a gore of land lying between Hamp- 
ton and New Castle ; w*^'' petition being read was sent down to 
the House of rei>reseutatives, who upon reading s"^ petition in s"^ 
house, voted y'= grant of said petition; Avhich, being sent to the 
Couucill, was there non-concurred w"^ the s'^ petition & vote on 
file. 

Mr. Hezekiah Jennins p'ferred a jietition to this board; signed 
by himself and others, for a confirmation of their land lying upon 
the line between Portsmouth and Hampton, which was read & 
sent down to the house of representatives pr. the clerk; & y"* 
hearing suspended till y'' next Spring sessions. 

William Duly and John Davis being apprehended for desertion, 
by virtue of his Excellency the GoV^ warr' & brought to the 
Couucill board, it was there, 

Ordered, That the s'^ Wm. Duly be publickly whipt fifteen 
stripes, to be well laid on his naked back, to morrow at 10 o'clock 
forenoon, & that Jn° Davis pay 20s. as a fine to the King, & each 
pay his costs & stand committed till sentence be complyed with. 

Rich'i Waldron, Cler. Con. 

Adjorned to y"^ 10"^ Instant, 3 o'clock r. m. 



744 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Pi'O : X. Hamiy. 

At a Gen' Assemy lield at Portsm° by 
adjonimS Oct. 10"^, 1718. 
Present in Council], 
His Excellency Sam' Shute, Esq., Gov"", 
His lion'' Jno. Wentworth, Esq., Lt. Gov"", 
Sam' Penliallow, J> Geo. JaftVv, ^ 

Mark Hunking, > Esqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) Kicli-i AVibird, ) 

Maj. Gillman and Capt. Peirce brought up the house of rep- 
resentatives' Answer to his Excellency the Gov''* speech, as 
follows : 

May it please your Excellency : — 

We are of opinion that 'tis highly necessary that the Fort at N. 
Castle be repaired, & l:ave chose a Committee for that end; aa 
also, that all d^ue care be taken by the same Committee, to repair 
the Goal, & that a place of Execution be appointed & gallows 
erected. 

[r. 117.] _ And our regards to the Lieut. Gov"" are such that we 
would willingly demonstrate them by a generous present; but y^ 
publick charges are so great, that we have no other view but y« 
excise of this pro\ance till next May, provided y'^ hon''''' y^ Coun- 
cil may be p'A'ailed w"' to come into it. 

We thankfully acknowledge yo"" Excellency's early care to pre- 
vent any vile design of the Indians, by sending out Capt. Moody 
w"^ a scout to cover the frontiers. But inasmuch as yo"" Excel- 
lency was pleased to ord"" one-third part of s'' scouts out of this 
Province, we humbly pray that this may be no precident for the 
future ; this Province being but about y*^ twelfth part in capacity 
with the Massachusetts. 

We rejoice in yo"" Excellency's favour relating to the duty of our 
lumber being taken oif, & luunbly pray, that yo'' Excellency will 
please to continue the sanae to us! And as to "the p'sent business 
of this sessions, Ave shall use all possible dispatch to shorten it. 

Oct. 10, 1718. Tho. Packer, Speaker. 

Eodem die. In Councill. 

Voted A concurrence w"' y* seco)id paragraph of the foregoing- 
Answer to the Gov''* speech (viz.), That the Lt. Gov"" have the ex- 
cise till next May. 

Rich'^ Waldron, Cler. Con. 

Maj. Gillman and Capt. Peirce brought y^' following account & 
vote to this board : 

An account of what was allowed of the several charges arising 
in the Province by John Kenniston & John Fox, &c. 

Mr. Treasurer's account brought in & filed . . £12 : 9:9 

The Und- Sherift"s ace', £43: 7s., of av'^'' is alloAA'ed . 1-1: 15: 
James Jefirey, for AA^-iting for the Assem', as per his 

acct. on file, 7 days allowed . . . . . 1: 5: 

Mr. Treasurer's Ace', for rei)airs of y"^ prison, &c. . 27: 11: 9 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 745 

Voted, That the above accounts be paid out of the Treasury, & 
that liis Excellency be desired to giA'e order for the same. 

Josh'' Peirce, Cler. Assem. 
In Council). 
Oct. 10, 1718. Voted a concurrouco, 

Ilich'^ Waldron, Clcr. Con. 
[p. 118.] The Committee appointed to view the Fort and prison, 
&c., made tlieir return to this board, yv"^ being read & past, was 
sent down to the House of representatives for concurrence, pr. 
the clerk. 
Adjorued to the 11'^ Instant, !» o'clock, a. m. 



Pro : N. Ilan^/. 

At a Gen' Assemy held at Portsm" by 

adjorm*, 8'"- IV^, 1718. 
Present in Councill, 
His Excellency Sam' Shute, Esq., GovS 
His Hon'' Jno. A^'eutworth, Esq., Lt. Gov"", 
Sam' PenhalloAV, ) Geo. JaflVey, ^ 

Murk Ilunking-, > Esqs. Shad. Walton, V Esqs. 

Theo. Atkinson, ) Eich'' AVibird, ) 

In Councill. 
Ordered, That the clerk of the Councill send notifications to 
Dover & Exeter, to be published on the meetinghouse doors, 
That any person that has any objection to make ag"' cutting off the 
intail on y<^ land of Peter Coffin, Esq., dec'', (1) made to his grand- 
sons, Eliphalet & Tristram Coffin, their heirs, &c., may appear at 
y^ next spring sessions of Gen' Assem, & object acordingly. 

The Clerk was sent down to the House of representatives w"" a 
vote for a Committee to regulate the Excise. 

Col. Mark Hunking, Esq., p'ferred a petition to this board, 
signed by sundry Inhabitants of Portsm" & New Castle, ag*' a 
bridge between the Great Island & the Main land, as on tile. It 
is ordered the hearing be suspended till the Spring Session.^. 

Ma]. Peter "Wear, Esq., brought up y' two following votes to 
tliis board : 

(1) See Biog. Notice of Peter Coffin, Esq., in Coll. N. H. Hist., vol. viii., pp. 377-3R0. 
He was the eldest son of Tristram Coffin, of Salisbury anil Haverliill, and last of Kan- 
tuckct. Peter was born in Devonshire, Eng., 1630, first settled in Dover, afterward in ' 
Exeter; for many years was one of the Councill; at different times held off.ce, as .Jus- 
tice of tlie Peace, Justice of the Superiour Court, and in 1697 was Chief Justice. He was 
a man of integrity, sound judgment, of wealth, and of great influence iu the Province. 
He died iu Exeter, ISIarch 21st, 1715, aged 85, 



746 PROVINCE OF NEW-HAMPSHIRE. [1718. 

In Coiuicill. 

Voted, That Col. Sliad. Walton, & Rlch^ AYibird, Esq., be of a 
Committee from this board, to joyn w''^ two that may be chosen 
in the house of representatives, to see to \^ regulation of 7"= Excise. 

gbr iith^ 1718. Eicii'i Waldron, Cler. Con. 

Read in y*" house of Ecpresentatives & concurred. 

Josli'' Peirce, Clcr. Assem. 

Voted, That Hugh Reed & Lt. Eph°' Deuuet be a Committee 
from this House to joyn y^ Committee of the upper house for the 
ends aboA^esaid. 

S^' 11, 1718. Josh'^ Peirce, Cler. Assem. 

[p. 119.] Voted, Thatau Actbe past, that whoever shall raise sheep 
more or less for seven years next ensuing w'Mn tliis Province, sliall 
be exempted paying any rate or tax for them, & that a bill be 
preiiared accordingly. 

Josh" Peirce, Cler. Assem. 

Oct. 11, 1718. In Councill. 

Voted, a concurrence. 

Eich'i Waldron, Cler. Con. 

In Councill. 
Ordered, That the Treasurer be paid out of the treasury, six- 
teen pounds ten shillings, for his disbursements upon the peoi^lc 
lately brought into this Province distempered w"" y"" small pox, & 
that the treasurer lay his account before the selectmen of Portsiti", 
who are hereby directed to prosecute the said p'sons for nine 
pounds, 10s., it being due to the Docf, & again paid into y« 
treasury. 

Rich'i Waldron, Cler. Con. 

Two members of the House of representatives brought y'' fol- 
lowing vote to tills board : 

In Councill. 
Voted, tliat the Gallows be erected in the place mentioned by 
the Conmiittee appointed for determining \^ same, as pr. their re- 
turn, J). 115. 

Rich'i Waldron, Cler. Con. 

8^'' 11, 1718. Read and concurred in the house of Represent 

Josh'' Peirce, Cler. Assem. 
Jotham Odiorne, Esq., brought y" following return ab* tlie Goal 
& prison from y" house of represent' to this board, as also the 
votes thereupon. 

10 OctS 1718. 
By virtue of the w^ithiu vote we have viewed his Maj tie's Fort 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 747 

at N. Castle, & fintl it nnicli out of repair; and that the Goal at 
Portsmouth is very insufficient for Ivceping his Majestie's i)rison- 
ers: Tlie reparations whereof we humbly leave to yo"" directions. 
Thom^ Packer, Theo. Atkinson, 

Ilugli Peed, Shad. WaUon, 

Jotham Odiorne, Pich^ AVibird. 
[i'. 120.] In Councill. 

Pursuant to the return of the Committee appointed to view y*^ 
Fort and prison. 

Voted, That the said Fort and prison be forthw* repaired. & 
tliat the s'^ Committee see to the efiecting' thereof. 

Oct. 11, 1718. Pich'i Waldron, Cler. Con. 

Read in the House of represent & voted in concurrence ; & that 
the Fort be rei)aired as early as may be in tlie spring. 

Josh'' Pierce, Cler. Assem. 

Oct. 11, 1718. 

James Davis, Esq., and one member more of tlie House of rep- 
resentatives, brought a vote from y'' lower house to this board, for 
p'sentiug his Excellency w'^ ninety j)0unds, &c., w'-'^ was sent 
down for amendment, pr. Sam' Penhallow, Esq. 

Adjourned to 3 o'clock, f. m. 



Pro: N. Hamp^ 

Mett accoi'ding to adjournment. 
Present in Councill 
As Before. 
Capt. Jon" "\Yadlcigh & his wife p'sented a petition to this 
board for the rehcai-ing an action between them & Geo. Jaffrey, 
Esq., &c., as on file. 
Adjourned to Monday, y'^ 13 Inst., 10 o'clock, a. m. 



Pro : N. IIamp^ 

At a Gen' Assems" lield at Portsm" 

by adjourm' Oct. 13, 1718. 

Present in Councill, 

His Excellency Samuel Shute, Esq., Gov"", 

His Hon'' John Wentworth, Esq., Lt. Gov'', 

Sam' Penhallow, ^ Geo. Jaffrev, ^ 

Mark Ilunking, VEsqs. Shad. Walton, > Esqs. 

Theo. Atkinson, ) Kich'' Wibird, ) 

[p. 121.] Sam' Penhallow, Mark Ilunking, Geo. Jaffrey & 
Rich'' Wibird, Esqs., entered their descnts ag'» repairing the 



748 PROVINCE OF NEW-HAMPSHIRE. [1718. 

prison, according to the vote of Gen' Asscm^ past 8'"' 11, 1718, 
]). 120. 

Ricli'^ Waldron, Cler. Con. 

John Bridger, Esq., liis Mujestie's surveyor general of the 
woods, presented a copy of a paragi-aph out of liis Instructions, 
to this board, rekiting to the running town bounds, &c.; w*^'' 
being read, the Councill 

Voted, Tliat the same should be complyed with; but that any 
further proceeding thereon should be suspended till next Gen' 
Sessions, & then 'twas sent down to the house of representatives. 

Jotham Odiorne, Esq., and Capt. Hugh Reed, brought up y^ 
vote to this board for i)'sentiiig his Excellency the Gov"" w"' ninety 
pounds (w'^'Mvas sent down for amendni') without any alteration. 
Also, a vote for allowing the Town Committees two pr cent, for 
letting out tlieir proportions of y" fifteen thousand pounds, &c., 
w'^'' last vote was immediately sent back w"^out any vote there- 
upon. 

The Councill concurred w"" the representatives vote for j)'sent- 
ing y** Gov'' ninety pounds, w'^'' is as follows: 

Voted, That his Excellency be i? resented av''' ninety pounds out 
of the Treasury. 

Josh"^ Peirce, Cler. Assemy. 

Oct. 11, 1718. 

In Councill. 

Voted, a conciirrence. 

Rich-i Waldron, Cler. Con. 

8br 13, 1718. 

Several bills being proposed to pass into Acts, his Excellency 
was pleased to order the suspending thereof till y"^ next Gen' Ses- 
sions, excejit that ab' Deserters, wliich was past accordingly. 

Mr. Clem. Hughes jj'ferred a petition to this Board signed by 
himself & Capt. Spencer, for an abatem' of powd"" money, for 
that the s'^ Si)enccr's sliip had paid y<^ full of her s"^ powd'' money 
at Boston: Whereupon it^Avas 

In Councill. 

Ordered, That the s'^ Ca])t. Spencer ])ay no more than one half 
the powd'' money due from his sliip, for this present voyage, & 
that the receiver of s'' money or powd'' abate y'' same accordingly. 

Piich'' Waldron, Cler. Con. 

The House of Representatives being sent for & come to this 
board, liis Excellency Avas pleased to proronge them to y"^ 30"^ X*"^"", 
1818, and accordingly y« Gen' Assemb. AA'as 

Pi-orogued to the 80"' Decem', 1718. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 749 

[p. 122.] rro: N. Ilaini/. 

At a Gen' Assemy held at Portsm" 
by prorogation, Decern'' ."0"', 1718. 
Present in Councill (1), 
The IIon'''« John Wentworth, Esq., Lt. GoV, 
Sam^ Penhallow, ? ^^ Geo. JaftVey, ? j^ 

Mark Iliinldng, S '^* Kii^^li'^ AVibird, I ^■-^■-• 

Adjourned to 3 o'clock p. ii. 

Pro : N. IIamp^ 

Mett again according to adjournment. 
Present, as before, 
also. Shad. Walton, Esq. 

The clerk was sent down to the House of representatives to call 
them to this board : they came accordingly, where his Hon"" the 
Lieut. Gov"" ordered to be read to them a letter from Mr. Secre- 
tary AVillard, &c. 

The Committee appointed for setting town and pai'isli bounds, 
&c., having made their return & given in a journal of tlie jiro- 
ceedings of his Hon'' the L* Gov', the same was by him laid before 
the Councill, w'^'^ was read, accepted & voted to be confirmed, & 
sent down pr. Rich"! AVibird, Esq., for concurrence. 

James Scolly p'ferred an account to tliis board Am''' to £16:16:7, 
for guarding Kenniston & Fox to Piscatacpia, &c. ; w*^'' being read 
& considered, the Councill voted twelve pounds to be p"^ s'^ Scolly 
in full, &c. ; w'^^' vote was sent down to the Low"" House for con- 
currence pr. the Clerk. 

Adjourned to the 3P' Instant, 10 o'clock a. 3I. 

(1) 171S, Dec. 30. 

The House mett according to Prorogation. 

Present, Mr. Speaker Packer. 
Odiorne, Gillman, 

Gillman, Pierce, 

Denet, Dam, 

Keed, Wigin, 

Ware. 

Jourii. of Uouee. 



750 PROVINCE OF NEW-HAMPSHIRE. [1718. 

Pro: N. Ilainp''. 

At a Gen^ Assem^ held at Portsm° 

by adjournment December 31*', 1718. 

Present in Councill, 

The Hon^i^ John Wentworth, Esq., Lt. Gov'', 

Sam' Penhallow, ? -p„„- Geo. Jaffrr, ? -p, 

Mark Huuking, I ^^^^' Shad. ^V^alton, I "^^l^* 

Rich^ Wibird, Esq. 

[p. 123.] Mark Ilunking, Esq., p'ferred a petition to this board 
signed by himself, for himself and in behalf of the others of the 
Committee appointed for running y** lines & setting y"^ town 
bounds, &c., (viz.) to have 3s added to y^ 7s formerly allowed, as 
in s"^ i^etition on file ; \v^^ being read was voted to be allowed & 
sent down for concurrence; the same being read in the low"" 
house, was there concui-red w* & sent to this board, & is as 
follows: 

In Councill. 

Yoted, That three shillings be added to the seven formerly al- 
lowed, to make the stipend or wages of each Committee man for 
settling town bounds, &c., ten shillings pr. diem. 

Eich'^ "Waldron, Cler Con. 

Dec. 31, 1718. 

Read twice in the House of represent^ & concurred w"'. 

Josh'' Peirce, Cler. Assem. 

Dec. 31, 1718. 

Kaj. Gillman and Capt. Peirce came up from the lower house 
an;] desired a conference w"' this board ab' the committee's return 
for running of the town and parish bounds, which being granted, 
tlioy accordingly came up, &c. 

Jotham Odiorne, Esq., bi-ought James Scolley's account to this 
board, w* the vote of the Councill for allowing s*^ Scolley £12 : in 
full, not concurred w*, as on file. Also the Committee & repre- 
sent for letting out the £15,000 raised in October, 1717, for defray- 
ing the necessary charge in letting out the same ; w'^'^ is sus- 
pended for further consideration. 

Capt. Phipps p'ferred a i^etition to this board in relation to y*^ 
sum of £328 damages obtained ag^' him by Nicholas Mead's escape 
out of Goal ; w"^*" being read was sent down to the house of rep- 
resent^ 

Adjom-ned to 3 o'clock p. m. 



1718.] JOURNAL OF COUNCIL AND ASSEMBLY. 751 

Pro : N. IIanlp^ Mett according to iuljorum'. 
rresent iu Councill, 
as Before. 

Sam' Chapmau p'ferrecl a petition to this board signed l)y ab' 
forty four of the Inhabitants of the nortli part of Hampton, in 
relation to a ne"W meeting house, &c., us on tile. 

Ordered, That the votes past at y* old meeting house for the 
building of a new one be complyed w"' ; & that every p'son do 
pay accordingly; and if in case the petitioners & old parish do 
not accommodate the matter in controversy by refunding y'' sum 
assessed when they shall build a new meeting house, [p. 121.] that 
the Gov'" and Councill at their next session will determine that 
part of their petition, in paying to a new one. 

The Committee's return ab' running y'^ town & parish bounds, 
was sent to this board by a numb"^ of the house of represent^ to be 
considered at y^ next setting of Gen^ Assembly. 

Capt. Sam^ Moody made application to this board for some sat- 
isfaction to be granted him for his services at y'^ eastward last 
winter; whereupon it was 

In Councill 

Ordered, That the treasurer do forthw"' pay himy^?um of three 
pounds for s'^ service. 

Capt. Sam' Moody p'sented a muster-roll of N. Ilamp'' men that 
vrere und"" him in y° county of York this p'seut year, 1718, unto 
this board, amounting to £36: 1: 10, w'-'' being read, it was in 
Councill Ordered, that the nine deserters who never returned to 
their duty should be debarred of their wages, amounting to £11: 
10: 4. & that the i-emaiuing sum of £24 :11s. should be paid in 
course out of the treasury, to such as did their duty (1). 

The House of representatives being sent for to this board, & 

(1) [Fi'om Journal of tlic House.] 
31st Dec. 

Voted, Yt ye 200 pound publielc monej' formerlj- let to Ricd. Gerrisli, Esq., deceasd., 
be demlnded of liis son Riclul. Gerrisli, & if he neglect or refuse to pay ye same, yt ye 
Bond be put in suitt; &' yt Mr. Speaker Packer & Joslia. Peirce be impowered to see 

ye same prosecuted to eftect. 

Josha. Peirce, Cler. Assem. 

Voted, Yt whosoever shal from henceforward discover any person or persons yt shai 
be guilty of counterfeiting any of ye Plates or Publick Bils of Cred't of the Province 
of New Hampr. & convict him or them of ye same, shall [receive] as a gratuity, fifty- 
pounds out of ye treasury of this Province; & yt ye treasurer be desired to take cara 
ye same be inserted iu ye Publick Kews letter. 

And that if his Excellency think meet to make any alteration of ye above vote to 
bring it more in conformity to ye tenor of ye Massachusetts proclamation, not altering 
ye bouuty, he be desired to do the same. 



752 PROVINCE OF NEW-HAMPSHIRE. [1719. 

come accordingly, his Hon'' the Lt. Gov'' was pleased to prorogue 
the Gen' Assembly to y'= 25 March next; & accordingly the Gen* 
Assemy stands 
Prorogued to y*^ 25 March, 1719. 

I 



An Original Letter of Governor Shute to 3Ir. PenhaUoiv. 

[Coiiied from Belknap's Hist, of N. H., A'ol. 3, p. 349. Edition 1792.] 

Boston, Feb. 2, 1718-19. 

Sir: — Dr. COOKE having again over his cups treated me very 
scandalously, I have complained to the council, who I don't ques- 
tion will do me justice. 

It will be of service to me to liave a certiticate to sliow hoio 
drunk he was that night that he and Colonel Golf broke into our 
company at young Gei-rish's, for I remember that you and Mr. 
Bridger told me that he stay'd so long after we were gone, as to 
get so drunk that hecoic'd neither go nor stand; if this be strongly 
certified, I believe it will give him a good lift. Pray my serAdce 
to the Lieut. Governor, the council and your family. 

I am, sir, your humble servant, 

Samuel Shute. 



Pro : N. II amp'. 

At a Gen' Assem' held at Portsm° by 
prorogation, 25 March, 1719. 
Present in Councill, 
The Hon''''' John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ? -p Geo. Jaffry, } -p 

Mark Hunking, ^ ^^^^' Shad. Walton, I ^^^^^ 

Tho» Westbrook, Esq. 
The Clerk was sent down to the house of represent^ to call them 
to this board; they came accordingh^, and his Hon"" the Lt. Gov' 
was pleased to prorogue the Gen' Assem' to the 23*^ April next ; & 
accordingly y® Gen' Assem. stands 
Prorogued the 23'^ day April, 1719. 



1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 753 

[p. 125.] Tro: N. Ilami)"". 

At a Geu' Assembly liold at Ports- 
mouth by prorogation, April 23"^, 
1719. 
Present in Councill, 
His Excellency Sam' Sluite, Esq., Gov% 
His Hon'' John AYent^\-orth, Esq., Lt. Gov"", 
Sam' Pcnhallow, ? -p,^^^ Georo-e Jaffrv, ? -n. 

Mark Huuking,' \ ^^^^' Shad: Waltoii, I ^^'^^^ 

Rich'' Wibird, Esq. 
The Clerk was sent do^yn to the House of representatives to 
command their attendance at the Councill board (1). They came 
accordingly; & then his Excelleiicy made the following speech: 

Gent. — I promised you some time since, that I would use ray 
best endeavors at home to get the Dnty taken off from your lum- 
ber, & can now with great pleasure assure you, that our gracious 
Lord & master King George has given his consent to it. 

To make this royal favour the most serviceable to us, it will be 
highly necessary to ascertain the nnn\ber of mills, which will 
make your lumber very valuable, & will very much preserve the 
timber & will also be very acceptable to the crown and show our 
gratitude to tlie King for his signal favour towards tills Province. 

There are daily complaints made by the people that live near the 
lines of the Injustice tliey sufl'er by their remaining so long unset- 
tled. I wish that y^ Commission''^ on both sides would quickly 
meet and And out some method to tei'minate this unhappy dili'er- 
ence, which would very much tend to cultivate a good harmony 
& friendshi]) betwixt the two provinces. 

1 have nothing more at this time to offer, but again to remind 
you of repairing the Castle, to give all necessary encouragomenf 
to the raising of Hemp, & also to these new Iron Works, whicli 
w* the Duty taken of your lumber, will, with wise management, 
quickly render tliis a happy & flourishing Province. 

Maj. Wear & Maj. Gillman came to this board from tlie house of 
representatives & prayed his Excellency's favour to grant that 
house a copy of his Speech; which was granted & sent down pr, 
the Clerk Accordingly. 

Adjourned till to-morrow, 10 o'clock, A. m. 

(l)[From Journal of the House.] 

1719, 23J April. The House met according to ailjornmt. or prorogation. 
Present, Mr. Speaker, 

Odiorn, Oilman, Pierce 

Keed, Gilman, Dennett, 

Tebett, Dam, Ware, 

Wiggins. 
43 



754 PROVINCE OF NEW-HAMPSHIRE. [1719. 

[r. 12G.] Pro : X. Kami/. 

At a Geu' Assembly held at Ports- 
moutli-by adjoniin*, April 2-1, 1719. 
Present in Councill, 
Ills Excellency Suni^ Sliute, Esq., Gov'', 
His Hon'' John Wentworth, Esq., Lt. Gov^ 
Sam> Penhallow, ? -p Geo. JaftVy, ? y 

Markllunking, ^ ^^a^- Shad. IVallon, $ ^■-^^•' 

Piielr^ Wibird, Esq. 
Adjorned till 3 o'clock, r. m. 



Pro. X. Ilami)''. Mctt again according- to adjornment. 
Present in Councill 
as Before. 
Maj. Wear and Capt. Gillinan brought up y^ house of Represeu- 
tives' Answer to the Gov""^ Speech, w'^^'^ Answer is as follows: 

In Answer to Your Excellency's Speech — 

"We return your Excellency many humble and hearty tlianks for 
3'our great favour obtained of Ids Majesty in taking of the duty of 
lumber. 

As to ascertaining the number of mills, we leave it to further 
consideration. 

As to the settling the line between the two provinces, we are 
ready to cliuse a Connnittee to joyn w"' a Connnittee of the upper 
house, to meet w"> a Committee of the Massachusetts, when they 
please for that end. 

As to the repairing of the Castle, there is a Committee already 
chosen to see that it be done, & are dayly providing for the same. 

As. to the encouragm' of raising hemp, we are ready to give all 
encouragm' w''' may be thought reasonable. 

As to the Iron AVorks, we are humbly of opinion that y*^ profits 
thereof may support y*^ undertakers of y*" design. 

Thos. Packer, speaker. 

Capt. Gillman and Mr. Eph"^ Dennett brought up y" following- 
vote to this board: 

[p. 127.] Voted, That Col. James Davis & Jotham Odiorne, 
Esc^s., & Josh'"^ Peirce, be a committee from this bouse to joyn such 
as maybe chosen of the ui^jjer house, to audit the publick accounts 
of this Province. 

Josh"^ Peirce, Cler. Assem. 
In Councill. 

Voted a concurrence of the above A'ote, & that his Hon'' the 
Lt. Gov'', Mark Ilunking & Geo. Jaflry, Esqs., bt; of the Commit- 
tee from this, board for the service above. 

April 2i"', 1719. Eich" Waldron, Cler. Con. 



1719.] JOURNAL OF COUxXCIL AND ASSEMBLY. 755 

Geo. Jaffry and Rich<i Wibird, Esqs., were sent down to the 
house of Representatives to inform them, Tliat tlie (.'ouncill liad 
concurred vr\th their vote for a Committee of Audit, &c., and 
also to carry down a vote of Councill for a committee to run the 
divisional line between the provinces of N.IIamp'' & Massachusetts, 

Adjorned till to-moiTow, 10 o'clock, a. ji. 



Pro : N. Hamp^ 

At a Geu' Assembly held at Ports- 
mouth by adjornm', April 25, 1719. 
Present in Councill, 
His Excellency Sam' Shutc, Esq., Gov"", 
His Hon"" Jno. Wentworth, Esq., Lt. GoV, 
Sam' Peuhallow, ? -p^^^ Geo. Jaffi-ev, } ^^ 

Mark Hunking-, ^ ^^^^- Shad. Walton, \ ^•^^■^• 

Rich'' Wibird, Esq. 
Capt. Josh'' Pierce, Capt. And"' Wiggins, & Mr. John Dam 
brought up the following votes to this board : 

Whereas, there is a controversy between the Province of IST. 
Hamp'' & Mass" concerning the Divisional line between said 
Provinces, whereby several misunderstandings have arisen & may 
still arise : for prevention whereof, it is 

In Councill, 
Voted, That Mark Hunking and Ricli'i Wibird, Esqs., be a 
Committee from this board to joyn w"^ two that may be chosen 
pr. the House of representatives, to go w"' a surveyor that they 
shall appoint & have w* them, & view Merrimack river, & take a 
survey and Draft of s'^ river, & to run the said divisional line ac- 
cordilig to yMIass'' Charter; [p. 128.] And to make a return of 
the said Draft of the river and line, at the next Sessions of Gen' 
Assembly, and that the said Committee be paid out of the treasury 
teu shillings a peice pr. diem for their service, and also the chain- 
men, &c., to be i^aid out of the treasury. 

Rich'i Waldron, Cler. Con. 
April 24, 1719. 

In House of Represents 
Read and concurred. 

Josh" Peirce, Clerk Assem^. 
24«' April, 1719. Voted, That Col. James Davis & Maj. Peter 
Wear be a committee from this house to joyn the Gen"^ of the 



756 PROVINCE OF NEW-HAMPSHIRE. [1719. 

Committee of the upper house, to run the line & take the draft of 
the river Merrimaclv, & make their return as above. 

Josh^ Pierce, Cler. Assem^. 
In the House of represent^ 

Pro: N. ^amp^ 

Voted, That his Excellency be presented witli one hundred and 
ten pounds, to be paid out of the ])ublic treasury of this province 
in bills of creditt of the same. 

25"^ April, 1719. Josli'i Peirce, Cler. Assem?. 

Eodem die. In Councill. 

Voted a concurrence. 

Eich<i "Waldron, Cler. Con. 

The Petition i^'ferred ag^' a bridge at New Castle being- read at 
this board, it was ordered, That the hearing thereof be on Thurs- 
day next at ten o'clock, a. m., & that the parties be notifyed ac- 
cordingly. 

Adjourned till Tuesday next, 10 o'clock, A. jr. 



Pro: N. IIamp^ 

At a Gen^ Assembly held at Portsm" 
April 28*, 1719, by adjonmient. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov^ 
Adjourned till tomorrow, 3 o'clock, i\ m. 



[v. 129.] Pro: N. Ilamp--. 

At a Gen' Assembh^ held at Portsm° 
by adjournment, April 29, 1719. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov^ 
His Hon'' Jolm Wentworth, Esq., Lt. Gov'', 
Sam' Penhallow, ) ^ Geo. Jaflrey, ) -p 

Mark Hunking, ^ ^'^'-l-- Shad. Walton, (, ^^l^' 

llich'' Wibird, Esq. 
Geo. JatTrey and Shad. Walton, Esqs., were sent down to the 
House of Eepresentatives w"' the petition of Eliphalet Coffin & 
Tristram Coffin, w*^*" was p'ferred at y'' last Fall session; & the 
jietition of Benj'^ Lcavitt p'ferred this day, w"' a vote of Councill 
on each of them ; and also a vote about Iron oar. 

Mr. Sam' Hinckes p'feri-ed a petition to this board, directed to 
the Gen' Assembly as on tile, w'^'' is suspended till the next session 
in the fall of the year. 
Adjourned till tomorrow, 9 o'clock forenoon. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY. 757 

Pro : N. Ilainiy. 

At a Geu' Assembly held iit rortsiu" 
by adjonim*, April 30"% 1719. 
Present in Councill, 
His Excellency Sam' .Shute, Esq., Gov', &c., 
His Hon"" Jno. AVentworth, Esq., Lt. Gov'', 
Sam' Penhallow. ? ^^^^ Geo. JaftVv, ' } t- 

Mark Ilunkino-, ' I ^^l'^- shad. Walton, \ ^^'l'' 

Eich'' AVibird, Esq. 

The Clerk was sent down to the honse of represent^ to call 
them to the Councill hoard, upon the hearing of y« petition about 
N. Castle bridge : They came accordingly, and the matters being 
at large debated on either side, & fully heard, the Eepresent' 
withdrcAV to their own house to consider the same. 

Adjorned to 3 o'clock, r. ji. 



Pro: X. Ilamp'. Mett again according to adjornm'. 
Present in Councill, 
as Before. 

Two members of the house of representatives brought the peti- 
tion of Mess" Coffin to this board w''' y'' vote thereon; and also 
y* petition of Benj. Leavitt & a vote on that. The two petitions 
are on tile, & votes as follow: 

[p. 130.] The petition of Eliphalet and Tristram Coffin praying 
to have the Intail taken oil' from their estate being read, it was 

In Councill 

Voted, That the prayer in said petition be granted; and that 
Geo. JatFrey & Rich'' Wibird, Esqs., be a committee from this 
board to joyn with two of the house of representatives to draw 
up a bill accordingly. 

April 20'^ 1719. Rich" Waldron, Cler. Con. 

Read in the House of represent'' & Voted a concurrence. 

Josh'' Peirce, Cler. Assem. 

And that Jotham Odiorne and John Gillman, Esqs., be of this 
house to joyn the Gent" of the upper house, as a committee for 
the ends aforesaid. 

29"^ April, 1719. Josh" Peirce, Cler. Assem. 

The petition of Benj. Leavitt to keep a publick house, &c., 
being read ; it was 

In Councill 
Voted, That Benj. Leavitt, of Stratham, have license & is here- 



758 PROVINCE OF NEW-HAMPSHIRE. [1719. 

by impowered to keep a publick house & sell drink (w"'oiit paying- 
excise) in s<i town, during his life, provided no just complaint be 
made against him. 

Ap' 29, 1719. Rich<i Waldron, Cler. Con. 

In the House of reiiresent". 

Eead and Voted a concurrence. 

29* April, 1719. Josh^ Peirce, Cler. Assem. 

Sam' Penhallow, Esq., was sent down to the house of represent' 
w*'^ a vote for removing the i^rovince Records out of the hands of 
Wm. Yaughau, Esq., -w*-'' vote was brought back, the House being 
adjorned. 

Adjoru*^ to to-morrow, 10 o'clock, forenoon. 



[p. 131.] Pro:N. Hamp^ 

At a Gen' Assembly held atPortsm" 
by adjournm' May 1"', 1719. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Govern'', 
His non"" Jno. Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ? -^^^.^ Geo. Jaffrev, ? -^^^^ 

Mark Hunking, \ ^^^l^' Shad. Walton, \ ^''^^^^ 

Eichd Wibird, Esq. 
Shad. Walton, Esq., was sent down to the house of represent^ 
w* a vote for removing y*' records of this Province out of the 
hands of Maj. Wm. Vanghan. 

Adjorned till tomorrow, 10 o'clock, A. M. 



Pro : N. Hamp'. 

At a Gen' Assembly held at Portsmouth 

by adjournm' JNIay 2'', 1719. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Go venr. 
His Hon'' Jno. Wentworth, Esq., Lt. Gov'', 
Sam' Penhallow, ) y Geo. JafFrey, ? -p 

Mark Hunking, $ ^^^^' Shad. Walton, \ ^^^*^- 

Eichd Wibird, Esq. 
The Reverend Mr. Nath' Rogers p'ferred a petition to this board, 
directed to the Gen' Assembly, in relation to y" Prov : mony which 
he had taken upon Interest ; the prayer of w'^'^ petition was voted 
to be granted, & sent down to the House of representatives by 
Shad. Walton, Esq. 



1710.] JOURNAL OF COUNCIL AND ASSEMBLY, 759 

Ricli'^ Wibird, Esq., wa=; sent down to the House of represent' 
■w*'* a vote for thanking- John Bridg-er, Esq., for projecting" two 
acts for y^ eucouragem' of Naval Stores* &c., w'^'^ was returned 
without any vote of the house thereon. 

Capt. Gillman & Mr. Dam brouglit up y" following- vote to this 
board : 

Pro: N. Ilarap"". For the encourageni' of Iron Works w"'in this 
Province, 

In Councill 

Voted, That no more Iron mine or oar be exported out of the 
Prov: upon the penalty of paj'ing ten pounds pr. ton; & that an 
Act be drawn up according-lv ; & that Geo. Jaffrey & RiclrMVi- 
bird, Esq% be of a Committee from this board to joyn w"' two of 
the house of represent", to i^repare the bill, &c. 

April 29, 1719. Rich'i AValdron, Cler. Con. 

[p. 132.] Read and concurred. 

Josh" Peirce. Cler. Assem. 

Voted, That Jotham Odiorne & John Gillman, Esq., be of this 
House to joyn the Committee of the Upper house to prepare a 
bill according-ly, 

29"i April, 1719, Josh^ Peirce, Cler. Assem. 

Capt. Gillman & Mr. Dam brought up a vote of tlie house of 
represent* to this board, for building a bridge at Xew Castle, &c., 
w*^^ was suspended for further consideration (1). 

* John Beidger, wliose iiaino freiiuently occurs in these r>''ges, was commis- 
sioned by tlie Board of Adiuiralty in England, along with Benjamin Furzer, to inquire 
into the capacity of the American Colonies for jirocuring Naval Stores, and to survey 
all the woods for masts, oalc timber, pitch jiine, and for land suitable for hemp. He 
accompanied Lord Bellomont to the Barbadoes, where, fivlling sick " of a debauch," 
Furzer died, and Mr. Bridgcr was left behind. He, however, followed the Earl of 
Bellomont, 1G98, to New York, and was sent by his Lordship to Boston to execute his 
commission, and to instruct the people in the manufacture of naval stoi-es. He came 
to New York to instruct the Palatines, but returned almost immediately to New Eng- 
land, where he became odious, especially to the people of Maine, by his attempts to 
prevent their cutting down pine trees on their own ground. He was accused with 
having accepted money from persons for leave to cut masts, which was refused to 
others who were not disposed to purchase the permit. The House of Itepresentatives 
of Massachusetts complained of him to Governor Shute, by whom he was, however, 
protected. In 1729 he was succeeded in his office by Colonel Dunbar, afterwards Lt. 
Governor of New Hampshire. [Hutch. Hist. Mass., II; WUliamso)i's Hist, of Maine, 
II; Col. Hist. iV. 1'., r.]— Ed. 

(1) [From Journal of the House] 

Voted, That ye Town of New Castle have ye liberty of building a Bridge from Great 
Island to Sanders' Point, on ye maine land : Provided it be done at ye proper cost of 
New Castle, or s-jch as shall Ireely subscribe thereto ; they leaving passage for shallops 
&c., by a Draw-bridge. 

30 April, 1719. Josha. Peirce, CI. Assem. 



760 PROVINCE OP NEW-HAMPSHIRE. [1719. 

To prevent any difierence that may arise between Hampton and 
Exeter by reason of the last settlement of the lines in this Prov- 
ince, which divides and cntts many men's land asnnder: 

Voted, That the line shall run straight between Hampton and 
Exeter, from the Maple Tree at the south-west corner of Strathara 
bounds to the south trees where there is a heap of stones jiiled 
up, & from thence upon a west & by north line as it is now set- 
tled, to the towai's bounds ; and whatsoever lands are first granted 
and laid out or divided into lotts, & i-eturn made of the same 
upon the tovrn records from whence it was granted, for the space 
of fourteen years past, shall not be dispossest of their lands, but 
shall be accounted a good title to them and their heirs forever, 
always paying their taxes and dutyes in the town where such 
lands shall lye. 

As also the line between Exeter and Dover to stand as it was 
run by the Committee; and whosoever shall w*''in two months 
after the date hereof, bring a fair and legal grant of land & fairly 
laid out & return made on record on either side of said line, & a 
true copy brought to the clerk or selectmen of either town where 
they are laid out and bounded Av*in y"^time above mentioned, that 
the eldest grants shall be good to them that have them, they pay- 
ing their dutyes to the Town wherein they fall, always excepting 
high-ways, through any lotts granted as abovesaid, & land sufficient 
to mills or works sett up on Lamprile river, as y« selectmen of 
either Town, wherein such ways or accommoditions belong, shall 
judge needfull. 

Josh'' Peirce, Cler. Assem. 
1 May, 1719. 

May '2<^, 1719. In Councill. 

Voted a concurrence. 

Kich^ Waldron, Cler. Con. 

[p. 133.] Voted, That Capt. Eeed & Lt. Dennet be a Commit- 
tee to joyn such as may be chosen by the upper house, to form 
the Excise for this i)*sent year. 

Josh'' Peirce, Cler. Assem. 

In Councill. 
May 2J, 1719. Concurred: & Shad. ^Valton & Rich"! Wibird, 
Esqs., to be of the committee above. 

Rich'' Waldron, Cler. Con. 

» 

2d May, 1719. Voted, Yt Mnj. Jno. Gillman's Loghouse by ye bridge, be a publick 
licensed house for Entertainment, paying as other publick houses lii ye Province do. — 
Jour, or' Houde. 



15: 


9 


10: 





0: 





11: 


3 


0: 





0: 






1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 761 

Voted, Tliat the Lt. Gov"" be presented with the Excise of this 
Province, for the year eusiiing. 

Josli=" Peircc, Cler. Assam. 
May 2'', 1719. In Couucill. 

Voted a concurrence. 

Kicli'i Waldron, CIct. Con. 

Voted, Tliat the several accounts liereafter inserted, be paid out 
of the treasury, and that ord""" may be given for y"^ same: viz., 
To tlie Lieut. Gov"" as pr. account . . . . £7 : 

Kob' Coates, ditto 1 : 

Sam^ Jordan, ditto 4 : 

The Treasurer's Gen' account . , . 2030 : 

Mr. Clerk ^Valdron, ditto CO: 

Mr. Speaker Packer, ditto 11; 

Mr. Slier. Gambling, ditto G : 

May 2'>, 1719. Josh" Peirce, Cler. Assem. 

Eodem die. In Couucill. 

Voted a concurrence. 

Pich'' Waldron, Cler. Con. 
Voted, That the mony allowed in the Treasurer's accounts paid 
for the repairs of the Prison (viz.), one hundred & forty pounds, 
be paid to the p'sent conunittee for carrying on the repairing or 
building s*^ prison. 

2*1 May, 1719. Josh'' Peirce, Cler. Assem. 

Eodem die. Voted a concurrence. 

Eich*^ Waldron, Cler. Con. 
Whereas there was a motion made by the upper house (hat Maj. 
Vaughan was rend*ered uncapable of managing y*-" pub'ick records 
of this Province, — he being superannuated: 

[p. 134:.] Voted, That the Eecoi'ds be removed from Maj'' 
Vaughan's unto some meet lierson that shall be appointed. 
1 May, 1719. Josh" Peirce, Cler. Assem. 

Voted, That Sam' Penhallow, Esq., be the Record«'r of this 
Province, & that the records be removed into his hands, during 
pleasure. 

1 May, 1719. Josh" Peirce, Cler. Assem. 

May 2'!, 1719. In Couucill. 

Voted a concurrence to both the foregoing votes. 

Rich'' Waldron, Cler. Con. 

Voted, That ninety pounds broken bills in the Treasury be 



762 PROVINCE OP NEW-HAMPSHIRE. [1719. 

burnt to ashes, & that Mr. Speaker Packer & tlic clerk of this 
House be of the Committee to see said mony burnt. 

2 May, 1719. Josh'' Peirce, Cler. Assem. 

Eodem die. In Councill. 

Voted a concurrence. 

Pdcli-i Waldron, Cler. Con. 

The clerk was sent down to tlie house of represent^ to require 
their attendance at y'= Conn: board. They came accordingly, and 
the several bills hereafter mentioned having had their readings in 
both houses, were signed & sealed, & past into Acts in p'sence of 
the Gen' Assem. viz : 

An act for preventing Masters of ships conveying debtors out 
of this Province. 

For prevention of frauds & perjuries. 

To encourage j'"' sowing & cureing Hemp, & to preserve pitch- 
pine trees, &c. 

For preservation of high-vv^ays, &c. 

Relating to constables collecting rates, &c. 

To encourage the raising slieep, &c. 

Ag"*' taking more than established fees. 

For encouraging Iron works. 

For the settlement & support of Grammar Schools, 

Providing that in suits where goods or other estates is attached, 
the defend^ be summoned. 

To prevent and make void clandestine & illegal purchases of 
lands from y"^ Indians, 

For regulating townships, choice of town-officers, &c. 

For regulating the Assize of Cask, &c. 

In addition to the Act for regulating y'= militia. 

[p. 135.] The foregoing bills being past into Acts, his Excel- 
cellency was pleased to prorogue the Gen' Asisem., and they were 
accordingly 

Prorogued till the 2P' day of July, 1719. 



Pro : N. Ilamp"". 

At a Gen' Assembly held by 
prorogation, July 21"', 1719. 
Present in Councill, 
His Hon' John Wentworth, Esq., Lt. Gov^ 
Prorogued to the 18"^ day of Atig., 1719. 



1719.] JOURNAL OF COUXCIL AND ASSEMBLY. 763 

Pro : N. Ilami/. 

At a (;< ii' Assem. held at Portsm" 
by pi'orogation, Aug. 18, 1719. 
Pi'esent in Councill, 
His Hon'' John Wentworth, Esq., Lt. Gov''. 
Prorog-ucd to the 22'i day of Sept., 1719. 



Pro. N. ^amp^ 

At a Geu' Apsem. held at Portsm" 
by i)r()ro<i'atioii, Sept. 22, 1719. 
Present in Councill, 
His Excellency Samuel Shute, Esq., Gov, 
Sam' Penhallow, ? t^, ,, George JaflTrv, ? x- 

Mark Hunkiiig, I ^-'^^' E cli^ AYibird, <, ^^l^" 

Adjorned till to morrow, 3 o'clock afternoon. 



[p. 13G.] Pro:N. Han^/. 

At a Gen' Assem. held at Portsm" 
by adjornm', Sept. 23'', 1719. 
Present in Councill, 
His Excellency Samuel Shute, Esq., Gov"", 

Sam' Penhallow, ^ Shad. AVulton, j) 

Mark Hunkiny, >Esqs. Rich'' Wil)ird, >Esqs. 

Geo. Jatfrey, ) Thorn" AVestbrook, ) 

Geo. JafTrey, Esq., & the clerk of the Council were sent down 
to the llepresentatives to inquire whether they were a House, (1) 
&; if not, to desire the Speaker forthw"^ to dispatch away sum- 
mons to call together those members that did not attend, that tho 
Gen' Assem: might enter upon the busyness before them. 
Adjorned till tomorrow, 10 o'clock, a. m. 

(1) [From Journal of the House.] 
1717: 22d Sept. Ye House matt according to prorogation. 

Present — Jlr. Speaker Packer, Peirce, Dennett, Read, Capt. Gilluian. 



764 PROVINCE OP NEW-HAMPSHIRE. [1719. 

Pro. N. llami/. 

At a Gen' Asscm. held at Portsni'^ 
by adjorninS Sept. 24'^ 1719. 
Present in Cuuucill, 
His Excellency Samuel Sliute, Esq., Gov'', 
Sam' Penhallow, ) Shad. AYaltou, ) 

Mark Ilunking, >Esqs. Rich^' Wibird. > Esqs. 

Geo. JaliVey, ) Tliom^ AVestbrook, ) 

The following bills had a first reading at this board (viz.) : 

1**'. An Act for destroying unruly & ravinous dogs. 

For hearing & determining cases in equity. 

In addition to the Act for better observation and keeping the 
Lord's day. 

Ag^' counterfeiting y^ bills of creditt of the Prov : 

For the better p'venting a spurious & mixt issue. 

For upholding & regulating of Mills. 

7. In addition to & explanation of the Act for the settling & 
distribution of y'^ Estates of Intestates. 

A message by the Clerk of the Councill to the Speak' & house 
to require their attendance at the board: they came accordingly, 
and his Excellency was pleased to make the following speech : 

Gent" — Since our last meeting, I have received direct orders 
from his Majesty, forbidding any laws to be past for the future 
[p. 137.] that may etlect the trade or navigation of the ships from 
England. Avhich will p'vent the receiving of the powder-money for 
the future from such vessells. This order is to be recorded in the 
Councill-books, and also in the House of representatives, accord- 
ing to tlie histructions I have received, that so they may be strictly 
complied with. 

All that I have further to observe to you is, The College at 
Cambridge is entirely erected at the charge of the Massa% and that 
since it hath been very instrdmental towards the encouragement 
of religion and learning, & that y*^ youth of this Province receive 
great advantage in their education from it, that it will tend greatly 
to the reputation of this Province to show their grateful acknowl- 
edgement of the benefits their children receive there, by making 
some handsome present for the augmentation of y*-' Library. 

Gen^ — "Tis yo'' season of Harvest, — shall therefore be glad to 
permitt you to go home as soon as possible. 

Adjorned till 3 o'clock, p. M. 



Pro : N. Hami)'. Mett again according to adjornm'. 
Present in Coun., as Before. 
Messrs. James Gregg and Hob' Wear preferred a petition to this 
board, directed to the Gen' Assem., praying that sundry p'sons at 



1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 765 

Nutfield. lately arrived from Ireland, might be incorporated into 
a Township. The petition -^^as read, as on file, & the considera- 
tion thereof was suspended till his Excellency's next coming into 
this Province. 

A message to the board by Col. James Da\is & Capt. Hugh 
Reed, requesting his Excellency the GoV (in the name of the 
Speaker and the House) to t\iA-our them with a copy of his Speech ; 
which he was pleased to grant, & the same was immediately sent 
down by the clerk. 

Samuel Penhallow and Rich'^ Wibird, Esqs., were sent down to 
the house, w"' the seven bills w'^'' had their first reading at the 
board in the morning. 

Adjourned till to-morrow, 10 o'clock, a. m. 



[p. 138.] rro:N. IIamp^ 

At a Gen' Assem. held at Portsm^ by 

adjornm', Sept. 25, 1719. 
Present in Councill, 
His Excellency Sam' Shute, Esq., Gov'', 
His Hon"- John Wentworth, Esq., Lt. GoV, 
Mark Hunking, ? -p^^^ Shad. Walton, ? y 

Geo.JatiVy, "' ^ E.^^- RichMVibird, l^''^'' 

Thorn'* Wentworth, Esq. 
Adjorned till 3 o'clock, r. m. 



Pro: N. Hamp^ INIett again according to adjornm'. 
Present in Couu., as Before; 
Also, Sam' Penhallow, Esq. 
An Act in addition to the Act for the due regulation of weights 
and measures, read a first time at the board. 

A message to the board by Col. James Davis & Capt. Hugh 
Reed, w"' the House of Represent^ Answer to his Excellency the 
Governor's Speech, as follows: 

3fay it x>Jease yovr Excellency, — 

As your Excellency is pleased in your speech, to advise the 
House" of representatives of his Majestie's Order forbidding any 
future Act tliat may atfect the trade or navigation of the ships from 
England, 

We are ready and willing to shew our loyalty and due obedi- 
ence to all his Maj'"^* directions, & pray that we may be served w* 
said Order, that we may record it in our book. 

We observe your Excellency's reasonable regard for the college 



766 PROVINCE OF NEW-HAMPSHIRE. [1719. 

&: its dependencies, and thank your good advice ; but the Debts of 
the Province at present are so heavy, that we cannot doe as we 
would if und'' different circumstances. 

AVe sliould be very thankfull to your Excellency if you will 
please to consider, that 'tis Harvest time w"' us, & promise yC 
Excellency to do what is proper for us to shorten the present ses- 
sions. 

[p. 139.] A message to the House by George Jaffry & Eich'^ 
"\Yibird, with a draught of the sea-coast, & river of Piscataqua, by 
Capt. Cyprian Southack, and a memorial relating thereto; also, a 
bill entitled an Act in addition to the Act for the due regulation of 
weights & measures, w"^*^ had its iirst reading at the board yes- 
terday. 

A message to the House by Mark Hunking and Rich'^ "Wibird, 
Esqs., w* a vote of the board for appointing an Agent to manage 
the affairs of this Governm' in England. 

The petition of Samuel Hinkes, w"^'^ was suspended from May 
last to this present sessions, being read, it was Ordered, That the 
consideration thereof be further put off till to-morrow, 10 o'clock, 
forenoon, & that the Heirs of Edw^ Polly be notifyed thereof, 
that they may attend & object if they see lit. 

A message to the board by Jotham Odiorne & Andr'^' Wiggin, 
Esq., with a vote to repeal the Act relating to Iron Oar. 

Adjorned till to-morrow, 10 o'clock, a. m. 



Pro : X. ^amp^ 

At a Gen' Assem. held at Portsm" by 
adjornm', Sept. 2G"^, 1719. 
Present in Councill, 
His Excellency Samuel Shute, Esq., GovS 
His Hon'' John Wentworth, Esq., Lt. Gov"", 
Sam' Pcnhallow, ^ Shad. AValton, ^ 

Mark Hunking, > Esqs. Eich^' Wibii-d, > Esqs. 

Geo. Jaffry, ) Thom^ AYestbrook, }) 

Mr. Sam' Hinkes appeared at y'' board to prosecute his petition 
w"^** was read yesterday, & the heirs of EdAV'' Polly also appeared, 
to Answer. It was then resolved at the board that the hearing &; 
consideration thereof should be suspended, till the Gov" next 
coming into this Province. 

A message to the board by Col. James Davis & Mr. Eph'' Den- 
net w"' the Draught of the sea-coast & river of Piscat", by Capt. 
Southack, & his memorial relating thereto, w"^'' was laid before the 



1719.] JOURNAL OP COUNCIL AND ASSEMBLY. 767 

House j-csterilay; tlie Draught was withdraTrn by the Lt. Gov^ 
The memorial is ou file. 

[p. 140.] A messag-e from tlie House by Col. James Davis and 
3Ir. Rich'^ Dennet entered w"^ a bill for destroying unruly and 
ravenous dogs (not acted upon at the board), by the same message 
to the board as vote as follows : 

In Councill. 

The Committee appointed for settling the towu bounds within 
this Province, &c., made their return & gave in a copy of their 
journal to his Honour y<= Lt. Gov'', which return and journal, both 
dated Dec' 24"^, 1718, were this day by him laid before the board, 
w"^*^ were accepted. 

Voted, That the return be & hereby is contirmed, & y' the 
bounds therein mentioned shall be the established lines & bounda- 
ries for all the Towns therein mentioned, & that it be sent down 
for concurrence. 

Decem'- 30'", 1718. Rich>i AValdron, Cler. Con. 

Read in the house of Rei^resentativcs three times & voted a con- 
currence (1). 

2G"^ Sept., 1719. Josh'' Peirce, Cler. Assem. 

A message from the House by Jotham Odiorue & Andr^ Wig- 
gin, Esq., praying that their vote for repealing the Act about Iron 
Oar, w'^'^ was sent to the board yesterday, might be returned to 
the House to be amended ; and the same was sent to the House by 
the Clerk of the Couu', accordingly. 

A message to this board by James Davis, Esq., & Mr. Eph"^ Den- 
net, w"M'*' vote about Iron Oar amended; the amendment was 
(Voted) scratched out & (we pray) added instead thereof, as ou 
file. The two following votes came to hand by the same message : 

Voted, That the Grand Committee for letting out the fifteen 
thousand pounds raised in October, 1717, be desired to lay the ac- 

(1) [From Journal of the House.] 
Mr. .Jotliaia O.liorn, Esq., & Capt. Hugli Reed enters their Decent against }-eKe- 
turn of the Coniittee for settling ye lines & boundaries between ye several Towns 
w'thin this Province (viz.), ye lines between Fortsmo. & New Castle. 



768 PROYINCE OF NEW-HAMPSHIRE. [1719. 

count of said £15,000 before the Gen' Assera. at their next 
sessions. 
2C"» 7^"-, 1719. Eph"^ Dennet, (l)Cler. Assem. 

In Councill. 
Eodem die. Concurred. 

Eicli-i "Waldron, Clcr. Con. 

[p. 141.] In the House of Eepresentatives. 

Voted, That his Excellency be presented with one hundred 
pounds, & to be paid out of the Treasury of this Province. 

Josh"- Peirce, Cler, Assem. 
In Councill. 
Eodem die. Voted, a concurrence. 

Rich'' Waldron, Cler. Con. 
In Councill. 

"Whereas, by the deaths of sundry members of the Councill, there 
is not a sufficient number of Councillors, Thomas Packer, Esq., 
was sent for, who appearing at the board, was then voted & ad- 
mitted a member of the said Councill, — to whom were adminis- 
tered the oaths appointed by law ; & then he took his place at the 
board accordingly. 

A message to the house by George Jaffrey, Esq., to inform them 
that Thomas Packer, Esq., was chosen a member of his Maj"^' 
Councill & admitted to the board, & to direct them to choose a 
new Speaker. 

Mr. John Partridge preferred a petition and complaint to the 
board ag"' his son Jon'', as on tile. 

A message to the board by James Davis, Esq., that Mr. Josh* 
Peirce was chosen speaker of the house, in the room of Thomas 
Packer Esq., lately removed into the Councill. 

Prorogued to the first Wednesday in December next. 

(1) [From Journal of tlie House.] 

Whereas, Capt. Packer, j-e former Speaker, is this day removed to ye Council Board, 
by his Excellency's order, & a new Speaker chose in his room, which was by a general 
vote cast upon Josha. Peirce, who was presented to his Excellency & accepted : 

The House returned from Council Chamber & chose Mr. Epha. Dennet cl'k for ya 
house & swore him to his office. 

The House sent up for into Council Chamber & prorogued ym to the first Wednes- 
day in Decemr. next, by his Excellency, Saml. Shute. 

26th Sept. 1719. 



1719.] JOURNAL OF COUNCIL AND ASSEMBLY. 7G9 

Pro: N. Ilamp"". 

At a Gen' Assembl}- lield at Portsm" 

by prorogation, Dec"" 2'^, 1719. 
Present in Councill, 
His Hon^ John AVcntwortli, Esq., Lt. Gov% 
Sam' Penliallow, ) t^^,_ Pachard Wibird, ) y 

Georg-e Jaffrey, ^ -^^^1^' Thomas Westbrook, S '^ " 

A message to the liouse by the Clerk of the Councill, to ref]nirc 
their attendance at the Councill Chamber. Mr. Speaker and the 
house came up accordingly, & then his Hon'' Tvas pleased to pro- 
pose an addition to the [r. 142.] Committee appointed to run the 
partition line between this Province & the Mass«, & nominated 
Sam' Penhallow & George Jaffry, Esqs., w<='' was consented to, & 
then the speaker & house withdrew to their own room. 

A message from the House(l) by Mr. Eph'^Dennet, Avith the 
following vote : Whereas, there is an orcV" from the board of trade 
for running the Dividing line between this Province & the Prov- 
ince of the Mass'' : 

Voted, That Mr. Speaker Peirce, be chosen of this House to joyu 
vnth the Committee chosen last May sessions for that end (2) , 

Eph"^ Dennet, Cler. Asscm. 
Dec. 2''. Concurred in Councill. 

Rich'' Waldroi), Cler. Con. 
Mr. Speaker Peirce brought & laid the following vote before the 
board ;— entered at the foot of the petition referred to, w"^'' is 
on lile. 
The petition above was read and considered, & ordered that the 

(1) 2 Decern., 1T19. The House met according to Prorogation. 
Present, i\Ir. Sreaker, 

Capt. Odiorn, Coll. Ware, 

Capt. Reed, Majr. Gillman, 

Eph. Deunet, Capt. Gillman, 

Capt. Davis, Capt. Wiggins, 

Capt. Tebet, Mr. Dam. 

(2) [From MS. Corr. iu Secretary's Office, N. H.] 

Boston, Dec. 3d. 171!). 
Sir,— I am directed by tlae Hon'ble ye Lt. Govr. & Coun. to signify to you, Tliat the 
Genl. Assem. of New Hampr. have appointed commissioners to meet the Geutn. ap- 
pointed by ye Massa. Governmt. to confer about, & resolve upon ye divisional or par- 
tition line between ye two provinces; and that the Hampr. Gentn. will attend the ser- 
vice at Mr. Woodbridge's Tavern at Newbury, on Wednesday next; when & where 
the[y] hope to meet ye Commissioners of yor. province. I have nothing further at 
present, save that I am. Sir, 

Tor very humble servt., 

Biclid. "Waldron, Cler. Con, 
To Mr. Secretary Willard. 

49 



770 PROVINCE OF NEW-HAMPSHIRE. [1720. 

Execution be Juspeuded at p'esent, & tliat the aboves'i sum of three 
liuudred twenty-eight iDotinds received by several jiidgments, to- 
gether w"^ the five pounds nine shillings cost, be paid out of the 
treasury as soon as money can be brought into it. 

Josh'' Peirce, Cler. 
In Councill. 

Voted a concurrence, & that his Hon'' the Lt. Gov"" be desired to 
issue out a warrant to the Treasurer accordingly. 

Dec. 2S 1719. Eiclri Waldron, Cler. Con. 

Prorogued to the second Thursday in February next, 1719-20. 

Prorogued to the last Wednesday in March next, 1719-20. 

Prorogued to the twentyeth day of Aprill next, 1720. 

Prorogued to the twenty-sixth day of April, 1720. 



[Coyiicd from Belknap's Hist, of N. II., Vol. III., pp. .346-349. Boston, 1792.] 

The hitmble Apology of the People of jSTutfield to his Excellency 
Samuel Shute, Crcneral, Governor and Commander-in-Chief of 
his Majesty's Provinces of the Massachusetts Bay and Xew 
Hampshire, in New England. 

3fay it 2)^- ease yovr Eo:ceUency, — 

The subscribers having seen a copy of yotir Excellency's letter 
to Captain White and Captain Kimball, tind themselves" under a 
uecessity of vindicating themselves from the charges given in 
against them ; it being allowable by the law of nature and of na- 
tions, to the grcatesrcriminals, to defend themselves when they 
justly plead in their own vindication. We were stirprised to hear 
ourselves termed Irish people, Avlien we so freqtiently A'cntitred 
our all for the British crown and liberties against the Irish Papists 
and gave all tests of ottr loyalty which the goverimient of Ireland 
required, and are always ready to do the same here when de- 
manded. Though we settled at Ntitfield, yet we used no violence 
iu the manner of our settlement, seeing no body in the least of- 
fered to hinder us to set down iu a desolate wilderness: and we 
were so far from hindering the English that really had a mind to 
plant with us, that many of them are now incorporated with us. 
After our settlement Ave found that two or three diflerent parties 
claimed Nuttield, by virttie of Indian deeds, and we were given to 
understand that it was necessary for us to hold the soil by some 
right purcliased frotii the natives. Accordingly we made applica- 
tion to the Hon. Col. Wheelwright of A7ells, and obtained his 
Indian right ; which we have to show. His deed being of ninety 
years' standing, and conveyed from the chief Sagamores between 
the rivers of Merrimack and Piscataqtia. with tlie consent of the 
whole tribes of the Indian nation, and well executed, is the most 
authentic we have seen; and the subscribers could not in reason 
think that a deed which is not twenty years old, of land which is 
not sufficientlv butted and bounded, from an obscure Indian, could 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 771 

give any rig-ht to land wliicli had been sold so many years hefore, 
by the n<>ht owners. And the snbscribcrs hope they will be ex- 
ensed from giving away so good a title for others that cannot 
pretend rationally to be soAvell snpported; and which they always 
refn^ed to warrantee and make good against other claims. The 
dntiful a]iplications which we have made to both conrts, if we be 
incorporated, in whatsoever province we fall to be, Avill witness 
for onr respect to his ]\Iajcsty's government. If affidavits have 
been given against one of our number as using some threatening 
expressions, we hope it will not be imputed to the community. If 
our accusers be permitted to come up in troops, as they have done, 
and violently demolished one of our houses, and destroyed part of 
our hay, and threatened and insulted us with impunity, to the 
great terrorof our wives and children, when we snllered patiently, 
and then accuse us to our rulers of violence, injustice, fraud, force, 
insolence, cruelty, dishonour of his Majesty's government, and 
disturbance of his Majesty's subjects, injuries and offences to the 
English, and the like, when we know ourselves to be innocent, we 
think it hard measure; and must have recourse to God, who for- 
biddeth to take up a bad report against our neighbour, and will, 
we hope, bring forth our righteousness as the light, and onr judg- 
ment as the noon-day. If we be guilty of these disorders, we 
are liable to a legal trial, and are not so weak as to suppose our- 
selves to be out of the i-each of your Excellency's government. The 
subscribers hope that if any other accusations come in against 
them, they will be allowed an equal liearing before they be con- 
demned: and as we enjoy the liberty of the gospel here, which is 
so great a mercy, shall improve it, for God's glory; and as he has 
taught us, be dutiful to his Majesty's government set over iis, and 
if possible, live peaceably with all men, shall be desirous of peace- 
able neighbors, that want to settle with us, and help us to subdue 
a part of this vast and uncultivated wilderness; and shall not 
cease to pray for the divine blessing on your Excellency's person 
and government. 

Done at Xuttield, Feb. 27, 1719-20, and subscribed bv 

JAMES McGPtEGOEE, &c. 



[p. 113.] Pro : X. Ilan^/. 

At a Gen' Assembly held at Portsm" 
by prorogation, April 2G, 1720. 
Present in Councill, 
His Excellency Samuel Shute, Esq., Gov"", 
His Hon"" John Wentworth, Esq., Lt. Gov^ 
Sam' Penhallow, ? ^ Shad. AValton, ? ^ 

Mark Huiddng, <, "^^'l*- Thomas Packer, <, ^''^^^' 

A message from his Exccllencv bv the Clerk of v° Council to the 



772 PROVINCE OF NEW-HAMPSHIRE. [1720. 

house of representatives (1) to require their fittendance at the 
board. The Speaker and house came accordingl.v, and then his 
Excellency was pleased to make the following Speech : 

Gent: — There being no ships arrived fi^om Great Brittain that 
has brought me any letters, I have nothing to acquaint you with 
iVoni thence, so that I hope you will quickly finish the accounts of 
the Province and make this "meeting of the Assembly very short ; 
but; if after I return to Boston, I shall receive any letters that 
bring any affiurs of moment relating to this province, I will not 
tail to meet you again before the fall sessions. 

Adjorned till tomorrow, 8 o'clock a. m. 



Pro: N. IIamp^ 

At a Gen' Assembly held at Portsm'', by 
adjornm', April 27, 1720. 
Present in Coun : 
His Excellency Samuel Shute, Esq., Gov% 
His Honour Jno. Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ? -p.^^^ Shad. Walton, \ -p 

Mark Hunking, \ ^^*1^- Pich^' Wibird, \ ^^l'^' 

Tho. Packer, Esq. 
A message from the house by Peter AVear, Esq., & Capt. John 
( Jillman to his Excellency, to pray a Copy of his speech, — where- 
upon his Excellency directed the clerk to prepare the same & 
deliver it to the house : wliich was done accordingly. 

[p. 114.] By the same message a vote of the house for a Com- 
mittee of Auditts, which was concurred with in Coun: and is as 
follows : 

Voted, That the Speaker, Col. Davis & Capt. Odiornebe a Com- 
mittee from this house to joyn such as shall be chosen by the 
upper hoiTse, to Auditt y^ publick Accounts of the Province, & 
that they make their return to this house at this Sessions. 
2G April, 1720. James Davis, Cler. i^ro temp. 

In Councill. 
April 27, 1720. Voted, a concurrence; and further voted, That 

(1) 1720, April 26. The House met acconling to ailjournm't or prorogation. 
Present, Mr. Speaker, 
Capt. Wiggin, Coll. Davis, 

I^Ir. Eastman, Col. Ware, 

Mr. Dam, Maj. Gillman, 

Capt. Gillman, Capt. Odiorne, 

Capt. Tebett, Eph. Dennett. 

— Journal of the House. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. i ( b 

Ills Honour the Lieut. Gov^ Mark llunking and Rieli'' AV^ibird, 
Esqs., be of j" Conmiittee from the board for the service above. 

liicli'i Waldrou, Cler. Cou. 

Capt. Henry Sherbourn being returned by the sheriff to serve in 
the house of representatives for the town of Pourtsmouth. in the 
room of Thomas Packer, Esq., lately removed into the C'ouucil, 
was sent for to the board, and there qualifyed to Act by taking the 
oaths appointed by law(l) . 

Adjorned to 3 o'clock, v. u. 



Pro : X. Ilami)'. Mett again according to adjornm'. 
Present as Ijefore. 
Adjorned till tomorrow, 9 o'clock a. ji. 



Pro : N. IIamp^ 

At a General Assembly held at Portsm° 
by adjournm', April 28, 1720. 
Present in Coun', 
His Excellency Samuel Shute, Esq., Gov"", 
His Hon"' Jno. Wentworth, Esq.,Lt. GoV, 
Sam. Peiihallow, ? t^^„, Sliad. AValton, ) ^^ 

Mark Hunking, <, ^'*1^- llich'i AVibird, ^ ^^^l^' 

Tho" Packer, Esq. 
Adjourned till 3 o'clock, p. m. 



[r. 145.] Pro: N. Hamp''. Mett again according to adjournm^ 
Present as Before. 

The petition of Mr. Samuel Hinkes, which was preferred in 
April, 1719, and voted to be considered at this time, was read. 

The petition preferred by Mr. Hughes at the sessions in Sep- 
tember last, signed by about 100 persons and suspended till this 
time: and also another signed by Capt. Henry Sherburn and Mr. 
Clem' Hughes and Comp^, as a supplement to the aforementioned 

(1) [From Journal of the House.] 
April 27. Voted, Yt Henry Sherburn be Clark of ye House of Representatives. 



774 PROVINCE OP NEW-HAMPSHIRE. [1720. 

petition, preferred tliis clay, were read at the board, praying for a 
Township in the waste lands adjoining to Kingston, &e. 

Ordered, Tliat the clerk give notifications to such persons as 
have a claim upon tlie said land, or have any thing to object 
against making a township according to the tennour of the above 
lietition, to appear before his Honour, the Lieut. Gov'' and Coun- 
cil, to wliom the matter is referred, to offer any thing in the 
l^'meses. 

In Conn'. 

Ordered, tliat wliatsoever persons in the Town of Hampton 
liave taken any mony upon interest of the Province of New 
Hamp'', shall pay all their taxes to Hampton without exception. 

Eichd Waldron, Cler. Con. 

Adjourned till tomorrow, 9 o'clock a. m. 



Pro : N. IIamp^ 

At a Gen. Assem: held at Portsm" 
by adjournm* April 29*, 1720. 
Present in Council, 
His Excellency Sam' Shute, Esq., Gov'', 
His Hon'' Jno. Weutworth, Esq., Lt. Gov'', 
Sam' Penhallow, ? -p.^^^ Shad. AValton, ) p 

Mark Hunking, J ^*^^- Pach<i Wibird, $ ^' 'l^* 

Thoni^ Packer, Esq. 
[p. 146.] A message from the House by Maj. Gillman and Mr. 
Dam to his Excellency, with an answer to his speech as follows : 

3Iat/ it x)lease your Excellency , — 

We return your excellency thanks for your great care for us in 
coming into your Governm' here. We should have been glad yo"" 
Excellency had good news from (h-cat Brittain to have brought 
us : We shall dispatch the Ace''* of the Province as fast as possi- 
ble, having chosen a Committee to adjust the same. If your 
Excellency should have any good news of moment, your Excel- 
lency will be pleased to communicate it to us. 

Henry Sherburn, Cler. Assem. 

A message to the board by Maj'' Gillman and Mr. Dam, with 
the following vote from y" House : 

Voted, That fortj^-six pounds two shillings and nine pence 
broken bills of credit in the Treasury be burnt. 

April 28"^, 1720. Henry Sherburn, Cler. Assem, 

April 29«', 1720. In Council. 

Concurred. Ilich^' Waldron, Cler. Con. 



1720.] JOURNAL OP COUNCIL AND ASSEMBLY. 775 

[p. 147.] A inessag-e to the board b}'^ Mess" Samuel Easmau 
and John Dam with a vote from y<= house as follows : 

Voted, That Capt. Odiorne, Esq., and Maj-" John Gilhnau be a 
Committee for this house to joyn such as may be chosen by the 
Upper liouse, to form the Excise for this year ensuing, and the 
Committee to be paid out of the Excise. 

April 28, 1720. Henry Sherburu, Cler. Assem. 

April 29"', 1720. In Council. 

' Voted a concurrence, and Shad. Walton & Eichard Wibird, 
Esq., are appointed from y" board to jo}^! in tlie aflair above- 
mentioned. 

Eich'i Waldron, Cler. Con. 

A messag-e to the house by the Clerk of the Council, with the 
petition of ilr. Sam' llinks, and a vote of Conn' relating- to it. 

The petition of John Mead and Joseph Mead in behalf of their 
father Nicholas jNIead in prison, praying- his release, read at the 
])oard and sent down to the house by Sam' Penhallow and Shad. 
Walton, Esqs. 

The petition of Joseph Chcsley, praying to be considered as 
wounded by John Davis of Dover, read and sent down pr. the 
clerk. 

Tlic petition of Jotham Odiorne, Esq., John Sherburn and John 
Leach, in behalf of the town of New Castle, praying- that the 
Isles of Shoales may bear a part of that Town's charge in the 
Province rate, read. 

A message to the House by Ri(;h'' "Wibird, Esq., witli two votes 
from the board, one for a committee to proportion Kingston iii 
the Prov: tax, the other for a committee to proportion the Isles of 
Shoals in s*^ tax. 

Adjorned till o o'clock p. m. 



[r. 118.] Pro: N. IIamp^ Mett again according to adjornm*. 

Present in Council, as Before. 
A Message to the board by Mr. Dennet and Mr. Dam, with the 
petition of Mr. Sam' Hinkes and the vote of Council relating to 
it (which was sent down in the morning) concurred with. The 
petition is on file, and the vote as follows : 
In Council. 
Voted, That the lott of land now in the possession of Mr. Sam- 
uel Hinks joyning unto the house-lott of the said Hinks in Ports- 
mouth, Avhich was heretofore the estate of Edward Polly, de- 



776 PROVINCE OF NEW-HAMPSHIRE. [1720. 

ceased (as mentioned in a petition signed by the said Hiuks, and 
this day I'cad at tlie board, as on file) , shall be delivered by the 
said Hinks tiuto the children of the said Edward Polly, in case 
and upon condition they rej)ay unto the s"^ Hinks forty one 
pounds sixteen shillings and ten i)ence ; the s"^ Hinks having paid 
so much to the wife of the s*^ Edward Polly in part purchase of 
the said ijiece of land. But if the s'' Polley's children refuse to 
pay the afores'^ sum to the afores*^ Hinks, then the said Hinks 
shall pay to the children of the said Polly thirteen pounds three 
shillings and two pence more than what has been already i)aid to 
their mother, and the p'mises shall be to the said Hinks and his 
heirs forever. 

April 28, 1720. Ptichard Waldron, Cler. Con. 

Read twice in the House of representatives and concurred. 

April 29"^, 1720. Henry Sherburn, Cler. Assem. 

A message to the board by Messrs. Dennet and Dam, with two 
votes of Council concurred with in the house, which are as 
follows : 

[f. 149.] In Council, 

Voted, That Samuel Penhallow and Mark Hunking, Esqs., be 
of a committee from the board to joyn such as shall be chosen by 
the house of representatives to examin what will be proper for 
the town of Kingston to be charged in the province tax in propor- 
tion to the other towns, and report it to the General Assembly at 
their next sessions. 

Rich<i Waldron, Cler. Con. 

April 29"S 1720. 

Pead in the House of representatives and concurred, April 29"', 
1720. 

Henry Sherburn, Cler. Assem. 

Voted, That Maj'" John Gillman and Capt. Henry Sherburn be a 
committee from this House to joyn the gentlemen of the upper 
house for \^ end abovsaid. 

Henry Sherburn, Cler. Assem. 
In Council. 

Voted, That Richard Wibird and Thomas Packer, Esq., be of a 
Committee from this board to joyn with such as shall be chosen 
by the house of represent^ to examine what will be proper for the 
Isles of Shoales to be charged in the Province tax, and report it 
to the General Assembly at their next sessions. 

Richard Waldron, Cler. Con. 

April 29"S 1720. 

Read and concurred with. 

Henry Sherburn, Cler. Assem. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 777 

[p, 150.] A message to the board by Jotham Odiornc, Esq., 
and four other members of the house, w"' a vote for presenting 
the Gov"" with £100, which Avas concurred Avith, and is as follows: 

Voted, That his Excelleucy be presented with one hundred 
pounds, and that the same be paid out of the Treasury. 

Henry Sherburn, Cler. Assem. 

April 20«', 1720. 

In Council. 

Concurred. IJich^' AValdron, Cler. Con. 

The Petition of James Gregg and llobert Wear in bolialf of a 
company of people lately come from Ireland, and now at a place 
called jS^ntttield, praying for a township, &c., wiiich was p'ferred 
in Septemb'' last, and then read & suspended, was now again read 
at the board, & thereupon, it was 

In Council 

Resolved, That IMr. James jNIcKeen, a resident at Nutlield 
aforesaid, be commissionated a justice of the peace within this 
Province ; and a commission was forthwith made out, signed & 
delivered to the said MacKeen accordingly; who took all the 
oaths required by law in that case, at the same time. 

It was further ordered. That a warrant constituting and making 
a constable at said Xulfield, be likewise made out and signed, 
which was done accordingly. 

A message to the House by Mark Ilunking and Thomas Packer, 
, Esq., to propose the appointing an agent at home. 

Adjorned till tomorrow, 9 o'clock, a. m. 



[p. 151.] Pro:X. IIamp^ 

At a Gen' Assem. held at Portsm" 
by adjornm' April 30"^ 1720. 
Present in Coun., 
His Excellency Samuel Shute, Esq., Gov"", 
His Hon"" Jno. Weutworth, Esq., Lt. Goa-'', 
Sam' Peuhallow, ? -r.^^^ Shad. Walton, ) r, 

Mark Hunking, \ ^'^^^' llich^ Wibird, I ^''''^''^ 

Tho« Packer, Esq. 
A message to the board by Capt. Jno. Gillman Avilli a vote of 
the House which was concurred Avith in Council, and is as fol- 
lows: 

Voted, That Xicholas Meed be confined in close i)rison, and 
there well secured, untill he gett some persons to be bound with 



778 PROVINCE OP NEW-HAMPSHIRE. [1720. 

good security to pay forty pouncls a year till the whole debt be 
paid to said Province. 

Henry Sherbnrn, Cler. Assem. 
April 30"^ 1720. In Council. 

Voted a concurrence. 

Ilich^i AYaldron, Cler. Con. 

A paper directed to his Hon'' the Lt. Gov"" subscribed l>y Jotliam 
Odiorne, relating to a complaint ag*' him for speaking direspect- 
fully of the Governm', read at y'= board and ordered to be filed. 

A message from the Gov"" to the House by Capt. Wibird direct- 
ing their attend'' at the board upon a conference concerning the 
appointment of an agent at home : The Speaker and house at- 
tended accordingly, and the matter being fully discoursed with- 
drew to their own apartment. 

[i'. 152.] A petition of AYm. Stiles & Comp^, relating to an 
appeal pending between them, Appel'% and PJch'^ AValdron, Esq., 
Appellee, read at y* board and sent down. 

A message to the House by Capt. Gillman with a vote from y« 
House which was concurred with, & is as follows : 

Voted, That Agency be impowered to solicit the Province inter- 
est at home, relating to the lines between this Prov: & the Mass*, 
&c., and that a Committee be chosen of both houses to draw up 
instructions for said agent, and that one hundred pounds be given 
out of the treasury of this i)rovince for his encouragm*. 

Henry Sherburn, Cler. Assem. 
In Coun : 

April 30"', 1720. Concurred. 

Richard Waldron, Cler. Con, 

A message to the board by Mr. Dam, with a vote from the 
house which Avas concurred w* and is as follows : 

Voted, Whereas there is a committee chosen of both houses to 
proportion Kingston and Gosport, alias Isles of Shoales, what 
they shall pay to the Province tax, and that the same Committee 
shall see what alterations are made in any town or parish by 
reason of tlie new lines now settled, that where any persons 
are taken of from any town and added to any other town, that so 
much as they paid in said Province tax, shall bo taken of from 
that town's proportion, and added to that town where the new 
belong; and that the Assem. shall proportion that mony that is 
to be raised in Kingston and Gosport, alias Isles of Shoals, on the 
several towns in said Province. 

April 30, 1720. Henrv Sherburn, Cler. Asjem: 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. TT9 

[p. 153.] April 30"^, 1720. In Couu: 

Read & concurred. 

llich'i Waklron, Clor. Con. 

The petition of ('apt. Timotliy Gerrish, Capt. Paul Gerrish and 
Mr. Thom= Hanson, praying the Trees which they had gotten lor 
the Iving, and were lately seized by the surveyor-general, might 
be discharged, or that y'= said surveyor might be quickened in 
prosecuting his seizure, that the trees might not be suffered to 
be destroyed by worms or rot on the ground, was read at the 
board, as on tile. 

A message to y" House by Sam' Penhallow, Esq., with a vote 
of Council appointing Henry Newman, Esq., agent for tirH 
Province. 

A message to the board by Peter Wear, Esq., with the two fol- 
lowing votes : 

In Conn : 

Voted, That Henry Newman, Esq., be the agent for this Prov- 
ince, and that Sam' Penhallow, Mark Hunking and George Jaf- 
frey, Esqs., be of a Committee from the board, to joyn with such 
as may be chosen by the house of representatives, to draw up 
instructions (1) to the said Henry Newman, Esq., accordingly. 

April 30«S 1720. 

Eichard Waldron, Cler. Con. 
In the House of llepresen'^. 

Eead & concurred with all. 

Henry Sherburn, Cler. Assem. 

(l)[Letter of Instructions to Henry Newman, Esq., copied from Journal of the House. 1 

Portsmo, N. Hampr., 
K. Engld., July L'2, 1720. 
Mr. Henry Xewman : 

Sir : — The affairs of this Government frequently requiring the solicitations of some 
Persons att Court, our General Assembly in May last made choice of you to be their 
Agent for that end; and as an earnest of their respects & for your Encouragement, 
did then vote you one hundred pounds this money, which presume his Excellency 
Governour Shute has heretofore advised you of; as alsoe the Lt. Governour. 

Sr. There has been a long dispute between this & the Massachusetts Government 
about the Dividing line, and several commissioners have sundry times been appointed 
by both to settle itt ; butt hitherto could never be eifected by them ; which proves 
injurious to many persons thatt inhabitt on or near ye Line, who have been obliged to 
pay ta.xes to both Governments; wherefore, that itt maybe finally ended, and these 
greivances redressed, since the Government here can't doe it themselves, that matter 
is now to be submitted to his Majesty in Council or Lords Commissioners of trade 
and Plantations; and in order thereto, you have herewith a Commission from this 
Government, to iMrowER you our Agent, and accordingly you are desired to lay ye 
affair before them as may be proper, so soon as conveniently may be, and that there 
may be a right apprehension of ye matter, you have herewith a Mapp or Draught, 
which you may Depend is very exact & correct. [The 



780 PROVINCE OF NEW-HAMPSHIRE. [1720. 

Voted, That Mr. Speaker, Maj. Jno. Gillman & Henry Sherburii 
be of y* committee from this House to joyii y* committee above- 
said. Ileury Sherburii, Cler. Assem. 

The extent of this Prov: is all the land between ye Massachusetts and Prov: of 
Main; our south bounds is three miles North from ye mouth of Merrimack River, att 
the Atlaiitick Ocean or Western sea, and from thence a West line into the INIain so far 
as the Massachusetts extends. Our Nortli line or Bound is Piscataqua Kiver, untill 
itt come to ye head of Ncwichanack river, and from thence a very few degrees West- 
ward of ye Xorth, up iuto ye Main Land, as on ye Southern line, which bounds are 
prickt out on ye Mapp; and we conceive agreeable to ye Royall Charter granted to 
Massachusetts, butt the commissioners of that Government have always insisted on 
other Lines, as are also marked out on ye Draught, which if granted to them, would 
render this Prov : a very little one indeed. 

Whereas his Majesty has lately Prohibited any imposition of Impost or powder- 
money on the Merchants' ships trading here, belonging to Great Brittain, which for- 
merly supplyed the usual expence of our Castle, and the stock being now very low, 
you are desired to lay that matter before ye proper board, in order to obtain ye Royall 
bounty therein, and you are to be vigilent in diligently en(iuiviiig into all comiilts. that 
may [be] made agst. this present Government, and in persuing every thing thatt 
may be i)romoted for ye geuerall beunititt of this Plantation : Espetially, that the 
Lumber from hence may be imported into Great Brittain free of Duty, and the Bounty 
continued in Navall Stores, thatthe forging of Iron here may not be obstructed, but 
encouragement may be granted for raising hemp and Flax, which if pursued, this 
country might in a little time furnish the Crown with a considerable supply; that the 
surveyor Geuerl. of yo Woods may be directed to preserve ye Mast trees after a better 
manner, and nott suffered to obstruct his Majestie's subjects from getting such Timber 
from thence as is nott, nor never will be, titt for the service of ye Crown, —of which 
there are multitudes of trees that are rotting on j-e Ground, that might make good 
Lumber, fitt for ye London or West India Marketts, by ye latch [?} of which a consid- 
erable Revenue ariseth to the Crown. 

We desire you will acquaint us from time to time of your proceedings in ye prem- 
ises ; and salute you with greatt Respects as a Committee of this Government, and 
are. Sir, your very Humble Servants. 

[Not signed.] 

[From MS. correspondence, Secy's Office.] 

July 20, 1720. 
Sir,— It's probable that long ere now ye have heai-d the debate that has hap'ned 
between this and the Massachuset Province, abt. the Dividing line; and having had 
so large Experience of your favour in serving us, doe think it incumbent of making 
all suitable returns of dutyes and gratitude, and should still esteem you the most 
suitable person of making our application to, were it not that you are so immediately 
interested in the other Province: Wherefore, wee thought meet to acquaint you, that 
wee have now writt Mr. Newman, to solicite our affair, and to lay a representation 
thereof, before the Lords of Trade, &c. 

Our Lt. (r!)vr. very heartily salutes you, and so doe all our Gentn; more partic- 
ularly. Sir, &c. 

Yor most humble 

and most obdt. Servts., 
Joshua Peirce, Saml. Penhallow, 

Henry Sherburn, Geo. Jaffreys. 

Jer: Dumjiee, Esq. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 781 

Voted, That the Lt. Gov' be presented with the Excise of the 
Province y^ year following. 

Henry Sherbnrn, Cler. Asscni : 
April :30th, 1720. 

In Conn: 
Read & concurred. 

Rich^' Waldron, C'lcr. Con. 
April 30«\ 1720. 
Adjorned to the 24"^ of May next. 



[p. 154.] Pi-o: N. Hamp^ 

At a General Assem. (1) held at Portsm", l)y 
adjornmS May 24, 1720. 
Present in Conn : 
His Hon' John Wentworth, Esq., Lt. Gov^ 
Sam' Pcnhallow, ? t^,„. Shad. Walton, } y 

George Jatfry, \ ^'^"l*" Rich^ Wibird, ^ ^'^- 

Adjorned till 3 o'clock p. 3r. 



Pro : iST. IIamp^ 

Mett again according to adjornm'. 
Present in Conn : as Before. 
Also, Thom' Packer, Esq. 
The petition of John and Nicholas Meed, in behalf of tlieir 
father, Nicholas Meed, in prison upon Execution for money due 
to the ti-easury. praying his release upon such terms & conditions 
as in the said petition is exprest, was read at the board and sent 
down to tlie house by George Jaffry, Esq. 

The petition of Clement Hughes and Henry Sherburn, p'ferred 
last sessions, in behalf of themselves and sundry others, praying 
for a Township at a place called Cheshire, read at y" board; also, 
another petition of sundry p'sons of Exeter & Haverhill, praying 
to be joyued w^'*' the first petitioners in the settlement of the 
township, was read as on file. 
Adjorned till tomorrow, 9 o'clock a. m. 

(1) [From Journal of the House.] 
May 24, 1T20. Ye House mett accordiug to ye Prorogation & Ailjornmt. 
Present, Mr. Speaker, 
Left. Denick, Coll. Wear, 

Mr. Jo. Dam, Maj.Gillman, 

Capt. Tibbetts, Capt. Odihorn, Esq., 

Hen. Sherburne, Saml Eastman, 

Daniel Greenough, Capt. Wigene, 

Capt. Jo. Gillman. 



782 PROVINCE OF NEW-HAMPSHIRE. [1720. 

I'ro : X. IIamp^ 

At a (Jen' Assembly liekl at Portsua°, by ad- 
joriim', May 2o, 1720. 
Present in Couii : 
His Hon. John ^yentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ? -p Geo. Jaffry, ? -p 

Mark Hanking-, ^ ^'^^i^' Ricli^' Wibird, I ^^^'" 

Tliom^ Westbrook, Esq. 

The petition of Mr. llobert Auclnnnty, in behalf of AYm. Stiles 
and comp", to bring forward an appeal ag^' Col. Waldron, [p. 155.] 
before the Gov' & Conncil, read and sent down to y^ house of 
represent^ by Thomas Westbrook, Esq., and ordered that the said 
Col. Waldron be notifyed of said petition, and to give his attend- 
ance at the Conncil board tomorrow at ten o'clock before noon, 

A message to the board, by Capt. Samuel Tibbetts and Capt. 
John Gilman, reporting that Capt. Daniel Greenongh Avas re- 
turned to serve as a member in the house of representatives for 
the town of N. Castle, in the room of Capt. Hugh Eeed, lately de- 
parted out of the Province, and praying that the said Greenongh 
might be qnalifyod; before which his Hon'' was pleased to appoint 
Mark Ilunking and Richard Wil^ird, Esqs., to administer the 
oathes in that case required by the Law ; — which was done accord- 
ingly. 

The petition of Sam' Easman, Esq., praying that an order of y<^ 
Quarter Sessions relating to Kingston might be cancelled and nul- 
lilyed, for reason therein set forth, read at this board. 

Ordered, That the line from the head of Stratham to the south 
tree between Hampton and Exeter, be run Avithin ten days, and 
that the select men of Exeter, & of y« new Parish of Hampton, 
cause this order to be executed, and that they report their doings 
to the Lieut. Gov^ within the space above limited. 

Riclid Waldron, Cler, Con. 

A message to the House by the Clerk of the Council w"' a printed 
paper containing Rules for making hemp, — which had been read 
at y'= Board, and which the Lt, Gov"^ and Council were jileased to 
recommend to the house in order to their encou.raging the raising- 
hemp in this Province. 

Samuel Penhallow and Mark Ilunking, Esqs., made report to 
the board that they had proportioned the town of Kingston in the 
ProA'. tax, pursuant to a vote of Gen' Assembly in April last; — 
Avhich was read and accepted, & sent down to y^ house by Samuel 
Penhallow, Esq. 

The Committee appointed to proportion the Isles of Shoales in 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 783 

the Prov. tax, made Report, -uiiicli was read, accepted and sent 
down to the House pr. liich*! Wibird, Esq. 

[p. 156.] A message to the board by Capt. Henry Slicrburn, 
with the report of the Committee appointed to projiortion Isle of 
Shoales in the Province tax, and the votes thereon ; — which report 
and votes are as follows : 

Pursuant to an order of Gen' Assembly, 29* April, 172ii, 
wherein we the subscribers were chosen a Committee to bring the 
town of Gosport, alias, the Isles of Shoales, into the Province tax. 

"We, having made the best calculation we could, suppose it rea- 
sonable that the aboves'^ town of Gosport, alias the Isles of 
Shoales, do pay, as their proportion, after the rate of twenty pounds 
in every thousand pounds raised in the province ; and so in pro- 
portion for greater or lesser sums — humbly submitting it to y'' 
lion'''"^ the Gen' Assem. 

Pich'i AVibird, 
Thom* Packer, 
Josh'^ Peirce, 
Eph'' Dennet. 
In Coun. 

The foregoing report laid before this board was read, accepted 
and voted to be confirmed. 

May 25, 1720. Eicli'i AValdron, Cler. Con. 

Read in house of Represent^, and voted a concurrence. 

Henry Sherburn, Cler. Assem. 

25"^ May, 1720. 

A message to the house by the clerk of the Council, with the 
petition of Sam' Easman, Esq., read at the board this day and 
vote thereon. 

Adjorned to 3 o'clock, r. m. 



Pro: X. Ilamp"". Mett again according to adjournment. 
[p. 157.] Present as Before. 

A message to the board by Peter Wear, Esq., praying that the 
Treasurer's Accounts and the Report of the Committee of Audit 
might be sent down and laid before the house, and also the Ac- 
count of the Grand Committee appointed to lett out the fifteen 
thousand pounds, &c. 

A bill entituled An Act for the settlem' of the Parishes at Ports- 
mouth, re ad twice at y^ board and voted to be enacted and sent 



784 PROVINCE OF NEW-HAMPSHIRE. [1720. 

down for concurrence, by George JaftVy and Ricli'i AVibird, Esqs. 

The petition of liichard Jose, praying a salary as prison-keeper, 
read at tlie board and sent down by the Cleric of y'' Council. 

Adjorned till to-morrow, 9 o'clock, a. m. 



Pro: N. lIamp^ 

At a Gen' Assem. held at Portsm"by 
adjornm'. May 26, 1720. 
Present in Conn., 
His Honour John Went worth, Esq., Lt. Gov"", 
Sam' Penhallow, ^ Shad. Walton, ^ 

Mark Ilunking, V Esqs. Ilicli'' AYibird, > Esqs. 

Geo. Jaftry, ) Thorn' AYestbrook, ) 

A message to the board by Capt. Sam' Tibbetts — with the peti- 
tion of Jolin and Joseph Meed, in behalf of their father, and the 
vote of the house thereon ; — the jietition is on file, and the votes as 
follows : 

In the House of Represen'* 
Upon reading the Petition of John and Joseph Meed, 
Ordered, That Nicholas ]Meed, the father of the petitioners, be 
discharged out of prison on condition That the said John and Jo- 
seph Meed give good and sufficient security to the satisfaction of 
the Gen' Assem. to pay yearly and every year, the sum of thirteen 
pounds, six shillings and eight pence, [p. 158.] for the use of the 
Province for fifteen ye;irs ensuing, or till they have discharged two 
hundred pounds together with prison fees. 

Henrv Sherburn, Cler. Assem. 

24* May, 1720. 

In Conn. 

May 20, 1720, Voted a concurrence. 

PJch'i AValdron, Cler. Con. 

A message to the board by Capt. Samuel Tibbits with a vote 
from the house for taxing Kingston, &c., which vote was read at the 
board anil sent back to the house by George Jaffry and Thoni'^ 
AVestbrook, Esq., to be considered. 

A message to the board by Capt. Tibbits, with the printed pa- 
pers, entituled. Rules for raising hemp, — sent down yesterday. By 
the same message the following vote : 

Voted, That INIaj. John Gilhnan and Capt. Andrew AA^iggin 
Esq., be a Committee from this house to joyn with two of the 
Council, to form an Act for strengthening of a vote past in the 



1720.] JOURNAL OP COUNCIL AND ASSEMBLY. 785 

General Assem., October y« 8"^, 1717, relating to the two parishes 
in Portsmouth. 
May 24*, 1720. Henry Sherburn, Cler. Assem. 

In Council. 
May 2G, 1720. 

Voted a concurrence, and Geo. JafiVy and Ricli'^ AYibird, Esqs., 
ajJiiointed from the board for the senice above. 

rtich-i Waldron, Cler. Con. 

Mr. Auchmuty appeared at the board and prayed to be heard 
upon his petition preferred yesterday, in behalf of Wm. Stiles 
and comp*. 

Ordered, That the hearing upon said petition be suspended till 
October next. 

[p. 159.] A message to the board by Capt. Gillman, with the 
following vote : 

Voted, That a Committee be chosen of the Upper house to joyn 
with the Committee of this house to burn what bank mouey now 
lyes in the hand of the General Conunittee, and that IMaj"" John 
Gillman and Mr. Denuet, Mr. Greenough, is a committee from 
this house for the end abovesaid. 

May 25*, 1720. Henry Sherburu, Cler. Assera. 

In Council. 

Concurred, and Voted, That Mark Huuking, Geo. Jaffrey & 
Rich'^ Wibird, Esq., be of y<= Committee from the board to joyn 
in the affair abovesaid. 

May 26*, 1720. Rich'i T\'aIdron, Cler. Con. 

A message to the board by Capt. Gillman, with the petition of 
Sam' Easman, Esq., praying that an order of the Quarter sessions 
may be nullifyed for reasons therein set forth, as on file, together 
with the vote of the house upon said petition as follows : 

May 26, 1720. Voted, that the case between Hampton and 
Kingston be brought on again to the next Q'^ sessions for a second 
hearing between Town and Town, and that each Town be noti- 
fyed accordingly. 

Henry Sherburn, Cler. Assem. 

In Coun: 
Eodem die. Concurred. Rich'^ Waldron, Cler. Con 

A message to the board, by Capt. Tibbitts, w* y^ following: 
60 



786 PROVINCE OF NEW-HAMPSHIRE. [1720. 

Yoted, That Mr. Nicholas Meed be lett out of prison, having 
giA-en in security by his two sons, to satisfaction. 
May 26, 1720. Henry Sherburn, Cler. Assem. 

In Coun. 
Eodem die. Concurred. 

Rich'^ Waldrou, Cler. Con. 
Adjorned till 3 o'clock, p. 31. 



[p. 160.] Mett again according to adjournment. 
Present in Coun : 
As Before. 

A message to the board by Ca^it. Gillmau with the folloTving 
vote : 

Yoted, That Kingston be now brought into the Province tax 
for tifty pounds in a thousand pounds prov : tax, and so in propor- 
tion, be it more or less: and that the Treasurer issue out his war- 
rant for raising said proportion on Kingston, to be paid into the 
Treasury at the seasons stated by the law, for the other towns of 
this "Province, and that the Treasurer account w"^ the General 
Assembly for the same. 

May 25, 1720. Henry Sherburn, Cler. Assem. 

In Coun: 

Yoted a concurrence with the foregoing votes. 

May 26, 1720. Richard AValdron, Cler. Con. 

The petition of Elis" Sloper read at the board, and ordered. 
That the consideration thereof be suspended till tomorrow, 11 
o'clock, A. M., and tliat Henry Sloper be notifyed of said petition, 
and to give his attend'' at y^ time prefixt. 

Memoraxdum. That this day was burnt to ashes nine hundred 
and eighteen pounds, eight shillings & nine pence, in view of the 
General Assem: it being so mucli of the lifteen thousand pounds 
last imprest, delivered in by the Grand Committee of Avhich s<^ 
sum of £918: S"*: 9'^ the said Grand Committee are hereby dis- 
charged. 

Rich'i Waldron, Cler. Con. 

[p. 161.] A message to the board by Mr. Dennet, av"^ the bill 
cntituled an Act for the settlement of the Parishes of the ToAvn of 
Portsmouth, informing, That the house concurred w"' the Council 
that the s'^ bill be enacted. 

The petition of Rich*^ Jose sent down yesterday, returned by 
he same message without any vote. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 787 

A message to tlie board by Mr. Deiinet, av"* the following- vote: 

Voted. That Maj. John Ginuiau's logg-liouse by the bridge be a 
publick license house for entertainment, paying as other publick 
houses in the Prov: do. 

May 26: 1720. Henry Sherburn, Cler. Assera. 

In Coun : 

Eodem die— concurred. Rich'^ Waldron, Cler. Con. 

Adjourned till tomorrow, 10 o'clock, a. m. 



Pro : N. IIamp^ 

At a General Assam : held at Portsm° 
by adjornm', May 27, 1720. 
Present in Coun : 
Ills Honour John Wentworth, Esq., Lt. Gov', 
Sam' Penhallow, ) -r.,^„ George Jatfrey, } t^, 

Mark Hunking, I ^^^'^^ Shad? Walton, \ ^"i'- 

The petition of Elis* Sloper read at the board yesterday, sent 
down to the house of Representatives by y*^ clerk of y'' Coun : 

A message to the House by Geo: Jaifrey, Esq., w"' a vote of 
Council, to desire the Lieut. Gov'' to meet y<^ Ind"" at Winter Har- 
bour. (1) which vote was returned to the board by Capt. Daniel 
Greenough — concurred with in the House, and is as follows: 

In Coun : 
Voted, That his Honour the Lieut. Governour be desired to go 
as far as Winter Harbour to meet the Delegates of the Indians 
that shall [p. 162.] be appointed to negotiate the affair of giving 
satisfaction to the said Indians, for the supposed murther of an 
Indian man, Hannock, one of their tribe, and that one or two 
members of the board, and as many of the House, be desired to 
accompany the said Lieut. Gov''(2) on the said alliiir; and that 

(1) In tlie State of Maine, near the Saco river. 

(2) [The Pillowing letter shows that Lt. G.)v. Wentworth did not visit the Indians 
but committed the negotiation to others. — Ed.] 

To Messrs. John Giles and Saml Jordan : 

You are hereby impowered to treat with the chiefe of ye Indians, in behalf of this 
Governnit in relation to the Indian Hannock that was missing in this Province, and 
let them know that as it was transacted here. Gov. Shute has left the matter to Govr. 
Wentworth, &c., to settle it with them; and accordingly, you are on the best and 
easiest tearnis you can, to accommodate theaftair, so as that there may be no longer 
a heart burning among the Indians about it; that peace and friendship may be con- 
tinued with them. By agreeing with them the sum that shall be acceptable, wch 
shall be layd out here to yr best advantage in such comodities as will suit them best 
and sent to them : I am of opinion thirty pounds will bo enough, but you are not to 



788 PROVINCE OF NEW-HAMPSHIRE. [1720. 

the charges of the negotiation be defrayed out of the Treas- 
ury. 

May 26"^, 1720. Rich<i AValdron, Cler. Couu. 

Read and concurred withal. 

May 27*^, 1720. ITcnry Sherburn, Cler. Asscm. 

The petition of Jotham Odiorue, John Sherburn and John 
Leach, as read & minited the 29"' day of April last, again read at 
y* board. 

A message to the board by Mr. Dennet, praying a conference 
(upon Elis'^ Sloper's petition, p'ferred yesterday), -uiiicli was 
granted, and the Speaker and house came up to the board accord- 
ingly; and upon discoursing the matter it was resolved, That the 
hearing upon the said petition be suspended till y^ next sessions. 

Adjorned till 3 o'clock, p. M. 



Pro : N. Hamp''. Mett again according to adjournm'. 
Present as Before. 

The bill entituled an Act for the settlement of the parishes of 
the town of Portsmouth, being past, was this day signed & sealed 
at y* board. 

Adjorned till tomorrow, 8 o'clock A. M. 

offer more than forty : it having cost a very greit sum in apprehending and prosecut- 
ing tlie fellow suppo'd to be Guilty of ye murder. You are to manage ye affair wth ye 
most prudence and good conduct you can. So depending on your integrity, ye affair 
Is left witli you as above. 

I expect to see Mr. Jordan at Portsmo as soon as the affair is finished, In ordr to 
have an acct. of ye proceeding. If you tliiuk it proper you may read any part of this 
letter to ye Indiana : othervi'ise not. 

I am yr friend. 
[Without signature, but indorsed,] 
' Instructions to Jno. Giles & Saml 
Jordan, abt ye Indian Hannoclr, 
April, 1720." 
The letter is superscribed, 

" The Honble John Wentworth, Esq., 

Lt. Govr of New Hampshire, 
or in his absence to 

Saml. Penhallow, Esq." 
[Note.— Appended to the above letter is the following:] 
Sagmores & friends: 

Abt 5 weeks since I wrote you at large in relation to Ilannoclc, one of yor tribe, who 
is supposed to be lost: but notwithstanding our care in prosecuting ye offendr, we are 
informed that you are still uneasy; whereupon by ye advice and direction of Gov. 
Shute, I have ordered Cai)t. Giles and Wni. Jordan to treat with you of, knowing what 
is necessary on such occasions, wch we are always ready to comply wth, for cultivat- 
ng a good harmony and correspondence wth you : assuring you that what agreemt 
you make shall be performed by me, who am 

Yor loving friend 

Jno. Wentworth. 

— From MS. correspondence in Sec.'s Office. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 789 

[i\163.] Pro : N. Ilamp'. 

At a General Assein : lickl at Portsm" 
by adjourm' May 28"', 1720. 
Present in Coun : 
His Hon'' John AYent worth, Esq., Lt. Gov'', 
8ani' Penliallow, ) Sliad. Walton, ? ,, 

Mark Ilunkiug, V Esqs. llicliMVibird, S 1^- 

Geo. Jattrey, ) 

A message to the board by Mr. Dam Avith the following votes: 

Voted, That all accounts relating to this province shall be sworn 
to, To be a just account, from this time forward. 

Henry Sherburn, Clcr. Assem. 
In Coun : 

Eodem die. Voted a concurrence. 

Richd AValdron, Cler. Con. 

Voted, That the town of Gosport pay their i)roportion of their 
province tax into the province Treasury; and it is ordered, That 
the Treasurer pay tAvelve pounds of that proportion to the town 
of N. Castle annually, until there be a new proportion throughout 
ye Province. 

May 28*, 1720. Henry Sherburn, Cler. Assem. 

In Coun : 

Eodem die, Concurred. 

Ptich'i Waldron, Cler. Con. 

Voted, that Mr. Eph" Dennett and Henry Sherburn be a Com- 
mittee from this house to joyn w"* such as shall be chosen by the 
upper house, to Renew Col. Vaughan's, Capt. Wibird's and Col. 
Walton's bonds, being so much mony lent them out of the Treas- 
ury in 1716; and y' they shall have full power in case of any 
refusal to prosecute them as the Law directs. 

April 20, 1720. Henry Sherburn, Cler. Assem. 

[p. 1G4.] In Coun: 

May 28"', 1720. Concurred, and Geo. Jatfrey and Tho^ Packer, 
Esq., appointed by y® board for y*' service above. 

Rich<i Waldron, Cler. Con. 

A message to the board by Mr. Dennet w'^ the report of the 
Committee of Auditt, and vote thereon as follows: 

AYe the subscribers being a Committee appointed by the General 
Assembly to auditt the publick accounts of the province of N. 
Hampshire, have strictly examined the same, and do find that 
there is justly due from the Treasury the several sums hereafter 
mentioned, as they are sett against the p'sons names (viz.) : 



790 



PROVINCE OP NEW-HAMPSHIRE. 



[1720. 



No. 
1. 
2. 
3. 



6. 
7. 
8. 
9. 
10. 



Col" Packer's ace' for 1718 & 1719 

AYill™ Fellow's ace* for 1719 .... 

Joseph Smal's ace' for 1719 . 

Lt. Gov^Wentworth for 1719 

James Jeffry, for 1719, being y*^ ballaiice for run 

iiing- the line 

James Jeftry for 3 draughts of Merrimack . 

John Mardin for 1719 

Prison ace' for 1719 

Clerk of y« Council for 1719 .... 
Clerk of y" Coun: remaining due for 1718 . 



. £7: 


4: 


5 


2 : 


15: 


3 


1: 


2: 


4 


. 14: 


15: 





. 17: 


19: 





. 4: 


10: 





7: 


12: 





. 433: 


9: 


5 


. CO: 


0: 





. 10: 


0: 






£559 : 7 : 5 
Ballance Due from the Treasurer, as by his General 

Account, dated May 24% 1720 . . . £197:16: 1 
Josh^ Peirce, Mark Hunking, 

Jotham Odiorne, Ilich'' Wibird. 
[p. 165.] In the House of Kepreseut". 

Voted, That the Eeport of the Committee of Auditt laid before 
this house this sessions be accepted, and that the Govern"" be de- 
sired to issue out his warrants to the Treasurer for the payment 
of the several sums thei*ein mentioned in course. 
. May 28"^, 1720. Henry Sherburu, Cler. Assem. 

In Couu : 
Eodem die. Concurred. 

Rich'! AValdron, Cler. Con. 
Mr. Dennet brought the account of John Hinkes, Esq., to the 
board, as on tile. 

Prorogued to Tuesday, the 23'^ day of August next. 



Pro : N. IIamp^ 

At a General Assembly held at Portsmouth, 
by prorogation, August 23'', 1720. 
Present in Coun : 
His Excellency Samuel kShute, Esq., Gov'', 
His Ilon"^ John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ^ Shad. Walton, ^ 

Mark Hunking, > Esqs. Pich'' Wibird, > Esqs. 

Geo. JatTrey, ) Thorn' Packer, ) 

A message from his Excellency the Gov"" by the clerk of y' 



1720.] JOURNAL OP COUNCIL AND ASSEMBLY. 791 

Conn : to the house of representatives (1) requiring their attend- 
ance at the board; the Speaker and house attended accordingly, 
and his Excellency was pleased to make the following speech: 

Gent. — Having nothing to acquaint you with from the Court of 
Great Brittaiu, I shall onely reccommend to you the dispatch of 
the matters that shall conie before you, that shall [i-, 1G6] be 
thought necessary to be done for the service of the Province 
at this sessions. 

The Petition of William Stiles and company, praying au Act 
may be past to enal)lc them to bring forward an appeal ag«' Col. 
Waldron, w^*^ was preferred in May last, and y« consideration 
thereof suspended, was again read at y*^ board, and sent to the 
house by the clerk of y'' Council. 

Adjorned till tomorrow, 9 o'clock, a. m. 



Pro : N. Ilamp'. 

At a General Assembly held at Portsm* 
by adjornm' August 21'^, 1720. 
Present in Conn : 
His Excellency Samuel Shute, Esq., Gov"", 
Geo. Jatfrey, Ricii'i Wibird, Shad. Walton, Esqs. 
Adjorned till 3 o'clock, r. sr. 



Pro : N. IIamp^ Mett again according to adjornmcnt. 
Present as Before. 

Also his Hon'" Lieut. Gov"^ Wentworth, Sam' Penhallow, Mark 
Ilunking & Tho^ Packer, Esqs. 

The petition of John Calf & Comp« p'fcrred to this board pray- 
ing for a township above Exeter was read. 

Adjorned till tomorrow, 10 o'clock, a. m. 

(1) [From the Journal of the House.] 
23J of Augt., 1720. This house met according to ailjornmt & Prorogation. 

Present, 
Mr. Speaker Pears, 
Capt. Wigens, Col. Davis, 

Capt. Gilniau, Ma.j. Wier, 

Mr. Denick, Judge Odiorne, 

Mr. Daui, ISIaj. Giluian, 

Capt. Greno, Hen: Sherburn, Clk. 



792 PROVINCE OF NEW-HAMPSHIRE. [1720. 

[p. 167.] Pro:N". Hamp\ 

At a General Assembly held at Portsmouth 
by acljonim' Aug. 25"^, 1720. 
Present in Councill, 
His Excellency Sam' Shute, Esq. , Gov'', 
His Hon"^ John Wentworth, Esq., Lt. Gov"", 
Sam' Peuhallow, ) Shad. Walton, ) 

Mark Hunking, V Esqs. Rich'' Wibird, > Esqs. 

Geo. Jaffrey, ) Thorn" Packer, ) 

A message from his Excellency by Col. Hunking to the house 
to inquire whether they had acted any thing upon the petition of 
William Stiles & Comp", which was sent down yesterday ; who 
returned that as yet they had not. 

A message to the board by Capt. Wiggiu w^'a vote of the house 
for suspending the payment of £500 due to the Treasury this 
year; w*^*^ vote was sent back non-concurred. 
Adjorned till tomorrow, 9 o'clock, a. m. 



Pro : N. Hamp'. 

At a Gen' Assem^ held at Portsm" 
by adjornment, Aug. 26, 1720. 
Present in Councill, 
His Excellency Samuel Shute, Esq., Gov^ 
His Hon'' John Wentworth, Esq., Lt. Gov'', 
Sam' Peuhallow, ^ Shad. Walton, ^ 

IMark Hunking, > Esqs. liich'' Wibird, > Esqs. 

Geo. Jafiry, ) Thorn* Packer, ) 

The petition of George Brownel, setting forth That he was very 
much damnifyed by an Extra judicial Judgment of the Court of 
assize in discharging his servant Richard Whitehorn, &c., and 
praying relief in the premises, was read at the board. 

[p. 168.] A message to the House by Rich'' AYibird, Esq., to 
acquaint them his Excellency had received an Express from Bos- 
ton, and was obliged to return thither speedily for his Maj"^ ser- 
vice, & to propose their dispatch of atTairs. 

A message to the board by Mr. Dennet and Capt. Gi-eenough, 
with the petition of Wm. Stiles and Comp", and vote thereon. 
The petition on file, & vote as follows : 

Voted, That the petitioners may be granted a hearing before 
the Governor & Coun : provided that they pay all former charges, 
and that a committee from both houses be chosen to form an act 
accordingly. 
Aug*' 26, 1720. Henry Sherburn, Cler. Assem. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 793 

111 Conn : 
Eodem die. Voted a concurrence. 

Riclii Waldron, Cler. Con. 
A message to the board by Mr. Speaker and Lt. Col. Wear, 
praying tliat y^ consideration of the petition of Mr. John Calf 
and Company be suspended for the present. 

In Coun : 
Ordered, That tlie consideration of the petition of Mr, John 
Calf and company, praying for a township north-westward of 
Exeter, be suspended till tlie land already disposed of in that part 
of the province be laid out and bounded, to p'veiit the interfering 
of bounds. 

Rich'^ '^Valdron, CIcr. Con. 
Adjourned till 3 o'clock p. m. 



Pro. ]Sr. Ilamp"". Mett again accoi-ding to adjornm'. 
Present in Coun: as Before. 

[p. 169.] A message to the board by Capt. Odiorne and Capt. 
Greenough, with the following vote: 

Voted, That the one-half of the tifteen hundred pounds to be 
raised this present year, by virtue of an Act in one tliousand 
seven hundred and sixteen, be paid in December, and the other 
half suspended till April next ensuing ; and that the treasurer 
issue out his warrants accordingly. 

Aug. 26, 1720. Henry Sherburn, Cler. Assem. 

In Coun : 

Eodem die. Voted a concurrence. 

Pich-i Waldron, Cler. Con. 

The petition of Mess" Henry Slierlnirn, Clement Hughes and 
Comp" preferred May 24*, 1720, praying for a township, &c., is 
granted, and Col. Hunking, Capt. Wibird, Capt. Henry Sherburn 
and Capt. Tilton appointed a Committee to lay out the land. 

Richard Waldion, Cler. Con. 

A message to the board by Mr. Deiinet with the following A'ote: 

Voted, That Col. Wear and Capt. Greenough be a committee 
from tliis house to joyn with such of the upper house, to form a 
bill to enable William Stiles and Comp* of Cochecho Point to 
bring forward their action of Appeal before the Gov'"and Council. 

Aug*' 26, 1720. Henry Sherburn, Cler. Assem. 

In Council. 

Eodem die. Concurred; and Geo. Jaffrey and Rich'i Wibird, 
Esqs., appointed for the service above. 

Adjorncd till tomorrow, 9 o'clock, a. si. 



704 PROVINCE OF NEW-HAMPSHIRE. [1"20. 

[p. 170.] Pro : N. nam\Y. 

At a Gen' Assembly held at Portsmouth 
by adjournm' Aug. 27, 1720. 
Present in Coun : 
His Excellency Sam' Shute, Esq., Govern'', 
His Hon"" Jno. Weutworth, Esq., Lt. Gov% 
Sam' Pcnhallow, ^ Shad. Walton, ^ 

Mark Ilunking, > Esqs. Rich'' Wibird, > Esqs. 

Geo. Jaftrey, ) Tiiom'' AYestbrook, ) 

Thom^ Packer, Esq. 
A messag-e to this board by Capt. Odiorne and four other mem- 
bers of the house, w"^ the following vote : 

Voted, That his Excellency be presented with one hundred 
pounds to be paid out of the treasury when brought in. 

Henry Sherburn, Cler, Assem. 
In Coun : 
Aug. 27, 1720, Concurred. 

Eich^i Waldron, Cler. Con. 

A message to the House by the clerk of the Council, informing 
them that his Excellency had laid before the board a petition 
signed by Capt. Pickering and several others, containing reflec- 
tions on the Government, with a vote of the Council in relation 
thereto: wliich petition was sent to the house by Geo. Jaffrey, 
Esq. 

A message to the house from his Excellency, pr. Col. AYalton, 
to inquire whether they had concurred w"' y*^ Council vote relating 
to Pickering's petition, and to direct them to return the said vote. 

A message to the board by Capt. Odiorne and Capt. Gillmau 
with the following vote : 

In Coun : 

Voted, That the petition of Pickerin, "Walker, &c., directed to 
his Excellency, dated y^ 27"" [p. 171.] instant, is highly scandalous, 
reflecting on the General Assembly of this province, and that the 
subscribers thereto be summoned to answer for the same, and 
punished accordingly. 

Ang^' 27"% 1720. Rich'' Waldron, Cler. Coun. 

Read & Concurred w^'all. Henry Sherburn, Cler. Assem. 

In Coun: 

Ordered, That the Clerk issue out summonses to Capt. Pickerin 
and the several other subscribers to a petition this day laid before 
the board by his ExceP' the Gov"" to appear at the board at 4 o'clock 
p. M., to answer for signing to sucli scandalous reflections on the 
General Assembly, as are contained therein. 

Adjorned to 4 o'clock, p. m. 



1720.] JOURNAL OF COUNCIL AND ASSEMBLY. 795 

Pro: X. Ilamp'^. Mctt ag-aiu according to adjorument. 
Present in Couu: 
As Before. 

John Jackson, Solomon Cotton, Stephen Greeiileaf. Sam' Ban- 
field, Abraham Jones, AVm. Ilunking-, I{ich<i Shortridge, Peter 
Ball, John Pickeriu & Jno. Abbot, appearing at y" board accord- 
ing to snmmon, and being- examined severally about signing a 
petition this day presented to the Grovernour, each owned the 
tact, whereupon it was 

In Coun : 

Ordered, That John Abbot, John Jackson, John Piekerin, 
Solomon Cotton, Stephen Greenleaf, Samuel Banfield, Abraham 
Jones, A7m. Hunking, Rich'^ Shortridge and Peter Ball, enter into 
recognizance to his Majesty, in the sum of £100 each, with two 
sureties, to be of good behaviour till the sessions of General 
Assembly in May next, and then to answer for signing a scandal- 
ous paper containing [p. 172.] open and vile reflections upon the 
Legislature of this province, and this day presented his Excel- 
lency, as on file, paying fees, and that they stand committed till 
sentence be complyed with. 

Rich'i Waldron, Cler. Con. 

The above p'sons recognized according to ordr, each for himself 
severally, as principal, and for one another jointly as sureties. 

Pecognis'" discharged. ? 

R. Waldron, Cler. Con. \ Rich'' AValdron, Cler. Con. 

Adjorned to the 27"^ day of September, 1721. 



Pro : N. IIamp^ 

At a Coun : held at Portsm** 

Aug^' 3PS 1720. 
Present in Coun : 
Ilis Hon'' John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ? ^^^^ Rich'' Wibird, \ ^ 

Geo. Jattrey, \ ^^^'^- Thom^ Packer, \ "^'^'l * 

Geo. AValker, Eph" Jackson and Cliarles Banfield appearing at 
y^ Council board according to summon, and being examined 
about signing a petition presented the Gov"^ on Saturday last, 
owned the fact; whcreui)on it was 

In Coun : 
Ordered, That George Walker, Eph* Jackson, and Cha: Ban- 
field recognize to his Majesty in the sum of £100 each, with sure- 
ties, to be of good behaviour, till the sessions of General xlssem- 



796 PROVINCE OP NEW-HAMPSHIRE. [1721. 

bly in May next, and then to answer for signing a paper contain- 
ing scandalous reflections on the Gi-overnment, paying fees, and 
that they stand committed till sentence is coniplyed with. 

Rich<i Waldron, Cler. Con. 
The said George "Walker, Eph* Jackson, and Cha: Banlield 
recognized according to order each for himself severally & 
joyntly for one another as suretys. 
[p. 173.] Recognis. discharged. ) 
E. Waldron, CI. Con. ^ 

Richd Waldron, Cler Con. 
The General Assembly stands 
Prorogued, as Before, to 7""^ 27"^, 1720. 



Prorogued to November, 1720. 



To February, 1720-1. 



Prorogued to the Eighteenth 
day of April, 1721. 



[p. 17'1.] Pro:N. Ilamp'. 

At a General Assembly held at Portsmouth* 
by prorogation, April 18"*, 1721. 
Present in Coun : 
His Excellency Sam' Shute, Esq., Gov"", 
His Ilon"^ Jno. Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ^ Shad. Walton, ^ 

ISIark II unking, > Esqs. Richard Wibird, > Esqs. 

Geo. Jatlrey, ) Thorn" Packer, j 

A message to the House (1) by the Clerk of the Council to i"e- 

(1) [From Journal of the House.] 

18 of April, 1721. The house met according to prorogation. 
Present, Mr. Speaker Peirce. 
Jiihn Dam, Miyr. Gillman, 

Mr. Eastman, Capt. Gillman, 

Eph. Denuot, Coll. Wiear, 

Capt. Oiliorn, 
Cap: Greenough. 
In ye house of Representatives. 
VotJ, Yt Capt. Eph: Deunet be Clark of this house til farther order. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 797 

quire their atteudance at the board, the Speaker and liouse came 
accordingl.v, and his Excellency was pleased to make the follow- 
ing Speech : 

Gent:— Being informed bv the Governour of Nova Scotia, that 
contrary to the Treatv of Nntralitv stipulated between the two 
Crowns of Great Brittain and France, there has been an illegal 
trade for many years carrved on betwixt his Majestys sul)jccts of 
New Enghuul and the French settlements near Cape Briton, and 
also, if we had not sent them necessary supplys they could not 
haye continued in those parts: lam therefore of the opinion that it 
will be for the honour and seryice of his Majesty's (Joycrmnent 
to make an Act to preyent any such illegal trade for y'' future. 

The wicked practice of counterfeiting the Prov: bills preyailiug 
very nuich amongst us, I must recommend it to you as the most 
effectual way to putt a stop to it for time to come, to make it 
felony, by a'law which I hope will have the desired effect. 

Gen', 'it you have any thing else to propose that maybe of 
service to the Province, l" shall be ready to give it due considera- 
tion. 

[p. 175.] The Speaker prayed a copy of his Excellency's 
speech, & then he and the house withdrew to their own chamb''; 
and thereupon his Excellency directed the Clerk to transcribe his 
speech and serve the house w* a copy thereof immediately, which 
was done accordingly. 

A message to the board by Capt. Gillman, with a vote for a 
Committee of Auditt, which was concurred with and is as follows : 

Voted, That Col. Wear, Maj-- Gillman & Capt. Odiorne, be a 
Committee from this house to joyn with such as shall be chosen in 
the upper house for this year, to auditt the publick accounts of 
tills province, and that they make return thereof to this house. 

Eph" Dennet, Cler. Assem. 
In Conn : 

Eodem die. Concurred and Voted, that Col. ITunking, Geo. 
Jaffrey and Rich'^ Wibird, Esqs., be of the Committee from the 
board to joyn in the affair above mentioned. 

Kich"! "W^aldrou, Cler. Con. 

Adjourned till tomorrow, 9 o'clock a. m. 



Pro : N. Hamp'. 

At a General Assembly held at Portsm" 
by adjormn' April 19, 1721. 
Present in Conn : 
His Excellency Samuel Shute, Esq., Gov"", 
His Hon' John Weutworth, Esq., Lt. Gov, 



798 PROVL\CE OF NEW-HAMPSHIRE. [1"21. 

Sam' Pcnhullow, ) Sliad. ^Valton, ^ 

Mark liiinking, > Esqs. liichard AVibird, > Esqs. 

Geo : JallVy, ) Tlioni" Westbrook. ) 

Thom^ Packer, Esq. 
A message to the board byCapt. Greeuougli, w* the following': 
[p. 176.] The house being iuftn-med by a letter or memorial 
from Mr. Recorder Penhallow, That thei'e are sevei'al files in his 
office promiscuously bound up that belong to other offices, and 
also many papers of publick and loersonal concern in the hands of 
Madam Story, and some Entrys of Deeds, &c., in the Register's 
office; upon which we are of opinion, that it is necessary for the 
Gen' Asscm: to appoint a Committee to examin into these aflairs, 
and to dispose of all papers into their proper offices : 

A^oted, That Mr. Speaker Peirce and Jotham Odioi-ne, Esq., be 
of the Committee from this house to joyn such as may be chosen 
of y"^ ends abovcsaid. 

Eph'^ Dennet, Cler. Assem. 
19 A^iril, 1721. Read three times and sent up for concurrence. 

In Couu : 
Eodem die. Read and concurred, and voted. That Thomas 
Westbrook & Thom^ Packer, Esqs., be of the Committee from the 
board for the service above. 

Rich'i Waldron, Cler. Cou. 
Adjorued till 3 o'clock p. m. 



Pro : N. Ilamp'". Mett again according to adjornment. 
Present as Before. 

The petition of the Inhabitants of Nutfield, pi-eferred by Mr. 
McGrcgore,(l) praying to have some bills of creditt lent them 
without interest, &c., was read at the board, as on file. 

A message to the board by Mr. John Dam, w"* the following 
vote : 

Whereas the Act for the Encouragement of sowing and curing 
hemp being near expired : 

(l)Probably Eev. James M(:Gregore, who was the first minister of the settlers of 
NutfieUl. He arrived in Boston with about one hundred families from the North of 
Ireland, Oct U, 1718. Mr. McGregore preached a short time after his arrival at Dra- 
cut; but as soon as the settlement was made at Nuttield, he was called to be their 
minister. "He was a wise, artectionate and faithful guide to his people both in civil 
and religious concerns." He died March 5, 1729, aged fifty-two years.— Altt7i'a Biog. 
Die. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 799 

[p. 177.] Voted, That The sixuT act be revived and coatinu;d 
three years after the determination of said Act (1). 

Epli* Dennet, CJer. Assem. 

In Coun : 
April 19"', 1721, Concnrred. 

Kichard Waldron, Cler. Coun. 

Adjorned to Fryday next, 10 o'clock a, ji. 



Pro : N. Ilami/. 

At a General Aspem.held at Portsmouth 
by adjornment, April 2P', 1721. 
Present in Coun: 
His Excellency Sam' Shute, Esq., Gov% 
His Hon'' John Wentworth, Esq., Lt. Gov"", 
Sam' Pcnhallow, ) Rich'' Wiblrd, J) 

]\l:irk Ilunkino-, V Esqs. Thorn* AVcstbrook, > Esqs. 

Shad. AValton^ ) Tho'^ Packer, ) 

A petition signed by about one hundred p'sons was preferred to 
this board by Messrs. Ezekiel Walker, John Calf and Elisha 
Story, praying- for liberty and encourag-cment to settle a town on 
a certain tract of land northwestward from Exeter, lying partly 
between Cheshire and Xew Portsmouth, and partly above New 
Portsmouth adjoining to Cheshire line, containing the quantity of 
ten miles square, upon such conditions as in said petitions, on 
file, is contained; whereupon it is 

In Coun : 
Ordered, That the petitioners have liberty to build & settle 
upon the said tract of land, upon the conditions in said petition 

(1) [From Journal of the House.] 

April 19, 1721. Whereas there is a Law obliging every town witliin this Province, 
consisting of one hunilreJ ftiniilies, to be provided with a Graminer School, and there 
behig so much time given in the Law as six months before ye Penalty of the Law takes 
etFect from year to year causes a great neglect, which is much to the damage of every 
such Town : 

Voted, That eacli Town and Parish within this Province, consisting of one hundred 
families, be constantly provided with a good Grammer School ; and the selectmen of 
each town for ye time Ijeing to be obliged to procure and provide sd schools, and in 
case of tlieir neglect for ye space of one month after ye publication hereof, shall forfeit 
and pay ye sum of twenty pounds, to be applyed to defray ye Prov : charge. 

Eph. Dennet, Clark. 

21 April. 

Voted, That Major Gillraan and Cap: Oliorn be a Committee from this house to 
joyn with Saml. Penhallow and Tho. Westbrook, Esqs., of ye L'pi>er house, to draw 
up tho above sd Act relating to the Scholl. 



800 PROVINCE OF NEW-HAMPSHIRE. [1721. 

mentioned, provided it no way iafring-e ou or interfere with any 
former grants, possessions or proiiertys. 

Eichard Waldron, Clcr. Con. 

Robert Armstrong, Esq., Dept. Snrveyor, being sent for ap- 
peared at the board, of whom his Excellency demanded an 
account of the strey and wast of the pine Timber which is 
reported to have been lately committed in the King's woods, and 
directed [p. 178.] him forthwith strictly to examiu that matter, 
that the truth thereof may appear upon oath. 

In Coun: as Supream Probate. 

Sam' Penhallow, Esq., in tlie capacity of Adm'' on the Estate of 
John Cutt of Portsm" deceased, made a motion at the board, That 
Eliz" Brian, the widow of the deceased, was administratrix with 
him, and refused to act with him as such, wiiereby the settlement 
of the Intestate's Estate was retarded : upon which it is 

Ordered, That the said Eliz'' Brian be cited to appear at the 
board on Monday next, at 10 o'clock a. m., to show cause why she 
does not proceed in the administration aforesaid ; and upon her 
refusal to appear, that another adm"' be appointed in her room. 

Rich'i Waldron, Cler. Con. 

A Petition directed to the General Assem: syned by James 
Jeflrey, by ord"' of the selectmen. Attorney for the town of Poi"ts- 
mouth, praying for a re-hearing of a case about a highway (1) laid 
out through Mrs. Jose's land, read at this board, and ordered, 
That it be heard and considered tomorrow, at 10 o'clock a. m., and 
that other partys be notifyed to attend accordingly, 

Eich'i Waldron, Cler. Con. 

A petition signed Thomas Phipps, praying for an ord"" to revive 
a case between Thorn" Palmer, Esq., and Capt. Eben'' Wentworth, 
read at the board and sent down by the Clerk, with a vote of 
Council in relation thereto. 

Adjomcd till 3 o'clock, r. m. 

(1) [From the Journal of tlie House.] 

April 22. Whereas it appears to this house that it is liighly necessary that there be 
one or more Geiil ofiicers chosen for surveying- land within this province: 

Voted. Tliathis Excellency & j^e Honble lioard be desired to joyn vrithj-e Represen- 
tatives, in choosing a committee of both houses to forme a bill for regulating ye 
affaire : 

& Thsit tlio Highways in ye several towns wthin this Province may be repaired by 
abor umler ye direction of surveyors, as formerly. 

Voted, tliat an Act be made against Cards an Dice, and all other gaming in any Pub- 
lick house within this Province, or any of the depeudencys thereof. 

Eph. Dennet, Cler. Assm. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 801 

[r. 179.] Tro: N. Ilamp''. Mett again according to adjornm'. 
Present as Before. 

A message to the board by Capt. Tibbits, witb a vote for a Com- 
mittee to prepare a bill against any Illegal trade witb Cape Briton, 
which was concurred with, and a Committee from the board ap- 
pointed and sent doAvn for concui'reiice. 

The ])etition of John Knight, jNIoscs Dam and Richard Down- 
ing, selectmen of Newington, directed to the Gen' Assem: and 
preferred by I\Ir. Jno. Dam, praying for a dividing line between 
Tortsmouth and said Newington, was read at tlie board. 

The petition of William Wallis, liich'* Jennis, and others, di- 
rected to the Gen^ Assem : praying for a Pai'ish by metes and 
bounds, as therein exprest, namely, part of Portsm", part of Xew 
Castle, and part of Hampton, was read at the board, as on tile. 

A message to the board by Capt. Greenough, with the following 
votes: 

Voted, That an Act be past to prevent the Illegal trade with 
Cape Briton, and that a Committee be chosen to draw a bill ac- 
cordingl}'. 

Eph" Dennet, Cier. Assem. 

Eodem die. In Conn: 

Concurred, and voted, Tliat Geo. Jaftrey and Tliomas Packer, 
Esqs., be of the Committee to joyn such as may be chosen by the 
house, to prepare the said bill. 

Kicli'i Waldron, Cler. Con. 

In the liouse of E.ej)resents. 
Voted, That Capt. AViggin and Mr. Dam be a Committee to 
joyn w"' a Committee in the u^jper house to draw a bill relating to 
y*" trade at Briton. 

Eph'' Dennet, Cler. Assem. 

Adjorned till tomorrow, 9 o'clock, a. m. 



[p. 180.] Pro:N. IIamp^ 

At a Gen' Assembly held at Portsmouth 
by adjournm', xVpril 22**, 1721. 
Present in Coun : 
His Excellency Samuel Shute, Esq., Gov% 
His Hon'" John "Wentworth, Esq., Lt. Gov% 
Sam' Peuiiallow, ^ Shad. Walton, j) 

MarkHunking, > Esqs. Rich'' W^ibird, > Esqs. 

Geo. Jatirey, ) Tlio^ Westbrook, 3 

A message to the board by Sam' Easman, Esq., and Mr. John 
61 



802 rROTIXCE OP NEW-HAMPSHIRE. [1721. 

Dam with y"^ votes of the house for preparing- several hills, name- 
ly against gaminy in liuhlick houses, An addition to the Act 
ahout Grammar Schools, and concerning surveyors of high- 
"waj's : — which were read and concurred with, and sent down to 
the house, pr Sam' Penhallow, Esq. 

Mr. Justice Moody & Rich'^ Yeaton, a selectman of Gospert, 
being summoned, appeared at the board, to show cause why the 
Treasurer's precept requiring an assessment on the Iidiabitants of 
said Gospert has not hitherto been complyed with ; and the s'^ 
Yeaton presented a petition, signed by himself, in behalf of the 
Inhabitants of the said Town, containing several reasons for their 
neglect as before mentioned, and praying to be excused paying 
any Prov: tax at present, for the reasons therein exprest, as on 
file ; — which being fully heard, it was considered by his Excellen- 
cy and the honourable board, and Resolved, That the former ord'' 
of Gen' Assem: be strictly attended, and that the selectmen and 
asses" of Gospert forthwith comiolj^ with the Treasurer's precept 
aforesaid, which they already have, and pay the sum therein men- 
tioned by the tenth of June next ; and so from time to time as 
they shall receive any other, and tliat the Selectmen pay thirty 
shills' to the office — being the charge of serving y<^ summon. 

Rich'' AValdron, Cler. Con. 

[p. 181.] The Selectmen of Portsmouth appeared at the Coun : 
board to prosecute their petition about Mrs. Jose's highway, pre- 
ferred yesterday, and Mr. Pray(l) appeared to answer, and the 
argument on each side being fully heard, It is 

Ordered, That the surveyors of highways to be chosen for the 
town of Portsmouth for y" present year, survey the highway men- 
tioned in said petition, and report to the Gov'' and Council at 
the sessions of Gen' Assembly in Autumn next howniuch land 
is contained iu said way, and what the worth of said land is. 

Richard AValdron, Cler. Con. 

A message to the board by Capt, Tibbitts & Capt. Gillman, 
with two votes, one for striking «fc Issuing twenty thousand 
pounds bills of creditt, which was read and non concurred — nem- 
ine contradicente — and returned to the house bj' the Clerk of 
y"^ Council. 

(1) John Pray seems to have been a lawyer of Portsmouth. In 1727, "an Inven- 
tory of the Polls and Estates of the Town of Portsmouth, was taken by Messrs. Ste- 
lihen Greenleaf and John Pray, according to an order of Government." 

— Brewster's Uamhles ahout Porismontli, p. 157. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 803 

Tlie other a vote for rectilling- y' souklcry from the East^Y'' w'^'' 
Tvas eoncurred with iuid'is as follows: 

Voted, That the souldiers at the Eastward be brought home, 
and if there be occasion that they be improved in the frontiers of 
our own Province. 

Eph'' Deunct, Clr. Asscm. 

In Conn : 
April 22'^ 1721. Concurred. 

IJich'' AVuldron, Cler. Con. 
A message to the house by Sam' Penliallow, Esq., with a vote of 
the board for preparing a bill against riotous & tumultuous(l) 
Assemblys .Jcc 
Adjourned till Monday, 9 o'clock A. Ai. 



[p. 181.] Pro: N. IIamp^ 

At a Gen' Assem. lield at Portsm° 
by adjonuTi', April 21"^ 1721. 
His Excellency Samuel Shute, Esq., Gov'', 
Ilis Hon'' John Wentworth, Esq.,Lt. Gov'', 
Sam' renhallow, ^ Shad. Walton, ) 

Mark Hanking, VEsqs. Kich'' Wibird, > Esqs. 

Geo. Jati'ry, ) Thoiu'' Wcstbrook, ) 

Geo. Jatfrey, Esq., from the Committee appointed to pi'epare a 
bill ag'' an illegal trade with Cape Breton, laid the said bill befoi'e 
the board, Avhich had a first, second and third reading, and past 
to be ingrost, and voted to be sent down for concurrence by the 
Clerk. 

The petition of John Sherburn, praying a Committee may be 
appointed to lay out some lautls for him at Xew Castle, read at y* 
board. 

The petition of John Knight, Moses Dam and Rich'' Downing, 
read the 2P' inst., again read at the board. 

Eliza Brian, Adrainis''' upon the Estate of John Cutt, deceased, 
being summoned, appeared at the board to show cause why slie 
neglected to proceed in the administration witli Sam' Penhallow, 
Esq., as adm'"" w"" her on the said Estate : upon hearing what she 
olfered, it was Resolved, 

(1) [From Journal of the bouse.] 
April 22, 1721. 

Voted, Tli:it an acMilion be maile unto ye Act of Criminal offenders, to prevent 
Riots for the better preserving of the Peace within this Province. 



804 PROVINCE OF NEW-HAMPSHIRE. [1721. 

In Coun: as y* Supream Probate, 

Tliat a third person be joyned Avith tlie said Sam' Penhallow, 
Esq., & Eliz" Brian, as adm™ on the Estate aforesaid, and that tlie 
said Eliz" Brian should have liberty to nominate the said third 
person, provided she did by 3 o'clock afternoon. 

Kich'i Waldron, Cler. Con. 

A message to tlie liouse by y<^ Cler. of y*^ Coun : with a vote for 
a Committee to prepare a bill limitting and ascertaining' the price 
of Species for the next year, to be paid into y^ treasury, which 
bill to be laid before the Gen' Assem. next Autumn session. 

[i\ 182.] A messag-e to the board by Col. Davis w^"" the bill ag^' 
an illcg-al trade witli Cape Breton, concurred with in the house, 
and voted to be engrost. 

A message to the house by the Clerk of y" Council with the pe- 
tition of John Sherburn this day read at the board. 

Adjourned till 3 o'clock r. jr. 



Pro : N. namxi'. 

Mett according to adjournment:. 
Present as Belbre. 

Ordered, that tlie Capt. of the Castle stop all vessels from Eu- 
rope and the West Indies, that Inquiry may b? made wlicther 
there be any infectious diseases on board, &c. 

Kich'i Waldron, Cler. Con. 

A message to the board by Capt. Tibbets and Mr. Dam, with 
the petition of John Sherburn sent down in the morning, and a 
vote thei'eon, nameh', granting- the prayer thereof: — wliich peti- 
tion and vote are ordered to lye under consideration till next Au- 
tumn session. 

A bill Entituled an additional Act to an Act for punishing crim- 
inal oftenders, and for the further preventing tumults and riotous 
assem : laid before the board by Samuel Penhallow, Esq., read and 
past to be engrost. 

A message to the board by Capt. Tibbetts & Mr. Dam, with the 
petition of Joseph Chesley, praying for an allowance out of the 
treasury, in consideration of his being wounded by John Davis, 
with a vote for granting the petitioner twenty pounds, which vote 
was non-concurred with & sent down to the house of Geo: Jatf- 
ry, Esq., by whom the petition was also returned. 

[r. l-So.] A message to the house by Thom^ Westbrook, Esq., 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 805 

"with a vote for cutting a road from Cochccho to Winnipistioky 

pond. 
Ordered, that tlie Postmaster be allowed three pounds out of 

the treasury for the service of tlie last year. 

Adjourned till tomorrow, 

half an hour after 8 o'clock, morning. 



Pro : N. Hamp^ 

At a General Assem : held at Portsmouth 
hy adjourum' April 20"", 1721. 
Present in Coun : 
His Excellency Samuel Shute, Esq., Gov'', 
His Hon"" John WeutAVorth, Esq., Lt. Gov^ 
Sam' Penhallow, ) -p Shad. AValton, ? ^ 

Mark Ilunking, I ^^^^' liidr' Wibird, I ^''^^'" 

Thom' AVestbrook, Esq. 
A message to the board by Cai)t. Daniel Greenough, with the 
petition of Thomas Phipps, Esq., in behalf of Thomas Palmer, 
Esq., and vote thereon. The petition on file, and the vote as 
follows : 

In Coun : 
Voted, That the case formerly commenced by Thomas Palmer, 
Esq., versus Capt. Eben'' Wentworth, which was stopped by the 
not sitting of the Court of Appeals in Novem'' last, be revived 
and heard by the said court of Appeals, upon the first Wednesday 
of the session of the General Assem: in Autumn next; and that 
each party have twenty days' notice before the day of the Court's 
sitting. 
April 2P', 1721. Ric'^ Waldron, Cler. Con. 

In the liouse of Represeu'^ 
Read and voted a concurrence. 

24*'^ April, 1721. Eph'' Dennet, Cler. Assem. 

[p. 184.] A message to the board by Capt. Greenough with a 
vote for granting John Hinks, Esq., fifteen pounds out of the 
treasury, which was read and non-concurred w*, and sent down 
to the house by the clerk of the Coun : 

A message to the board by Capt. Tibbits with a bill entituled 
an act in addition to an act to prevent damage by horses, i)ast to 
be engrost (1). 

(1) [Prom Journal of the House.] 
Whereas there is a Law in this Province wliieli ohliilgeth all horses and Hors kind 
t ) be ke[)t in fetters from ye last of March to je last of octo'r, which giveth a liberty of 
live months for those horses to trape ovor fences and tread and siioil our meadows, 
much to ye Damage of many people : 



806 PROVINCE OF NEW-HAMPSHIRE. [1721, 

Sam' Penliallow laid before the board a bill cntitulcd an Act for 
better reg-ulatiug high wayes, which was read and past to be 
engrost, and sent down to the house for concurrence by the Clerk ; 
and by the same, the bill against riotous assemblys, which past at 
y** board yesterday. 

A message of the board to tlie House by the clerk with a vote 
for calling in all the fifteen shilling & fifteeu penny bills. 

Ordered, That Capt. Wibird be an adm"" on the estate of John 
Cntt, deceased, to joyn with Samuel Penhallow, Esq., & Eliz* 
Brian, the adm" already appointed for that Estate, and upon 
refusal of either of the partys to act, what the other two do, to 
be valid in law. 

A message to the board by ]\Ir. Dennct, w"' the vote of Conn : 
for calling in y'' tifteen shilling & fifteen penny bills, praying the 
said vote might be und'^ consideration till the next sessions. 

A message to the house by Sam' Penhallow, Esq., with a vote 
for stopping a process brought by Capt. Henry Sherburn ag'*' him, 
the said Penhallow, in the capacity of adm"' on the estate of John 
Cutt, deceased, which vote was brought back to the board by the 
said Samuel Penhallow, Esq., concurred w"' in the house, & is as 
follows : 

In Couu: 

Voted, That the case depending between Capt. Henry Sherburn 
plan' and Sam' Penhallow, Esq., in the capacity of Adm'' on y*' 
Estate of John Cutt, deceased, defend', which case is continued 
to the Inferiour Court in June next, be dismist at the said Court, 
and that the plan' may begin De novo, [p. 185.] for that Capt. 
Wibird is added by the Supream Probate, as an adm'' on the[afore- 
said intestate's Estate. 

April 20'", 1711. Ricli<i Waldron, Cler. Con. 

In the House of Represcn'". 

Voted a concurrence. 

Eph* Dennet, Cler. Assem. 

Sam' Penhallow, Esq., brought to the board the bill ag*' riotous 
& tumultuous Assem: which he informed he brought from the 
house, and that it Avas past there to be engrost. 

A message from the board bj' Geo: Jaftrey, Esq., to the house, 

Voted, That if any ITorsii or Ilorss kind bo found at any time going at large wifhout 
a sufflcient pair of fetters, that they shall be iiouiided, and that the owner shall pay 
ye penalty of the Law, provided in ye former act. 

Maj. Gillman & Cai)t. Odiorne be a Committee from this House to join with such as 
shall be chosen in the upper house for that end. 



^^-1-] JOURNAL OP COUNCIL AND ASSE-MBLY. 807 

witli a vote for a committee to make tale of the money to be 
burnt tliis year. 
Adjorucd till 3 o'clock, afternoon. 



Fro: X. lIamp^ ]\[ctt according- to adjornmcnt. 
Present as Before, also 
Thom^ Packer, Esq. 

The petition of Jonathan Wig-gin preferred by Capt. Phipps, 
praying for the privilege of the ferry, &c., on y'' south side of 
Exeter river ag^'Capt. Hilton's, read at y'= board, and ordered that 
the hearing and consideration of said petition be suspended till 
the next session of General Assembly, and that in the mean time 
the said Wlggin serve Kich'^ Hilton, Esq., with a copy of the said 
petition and this order. 

Rich'i Waldron, Cler. Con. 

Sam' Penhallow and Thorn' Westbrook, E-((s., from y" Commit- 
tee, laid before the board two bills, entituled an Act for the pre- 
venting of Gaming- in publick houses, and an Act in addition to 
the Act for y" settlement and support of Grannnar Schools, "which 
-were read at y'^ board and past to be engrost, and sent down to 
the liouse ])y the clerk for concurrence. 

[r. 18G.] A message to the board by Mr. Tibbitts av* a vote of 
the Coun : for removing- the i)owd'' house at Portsm" to y"* Castle 
at New Castle, from uud'' y'' care of Mr. Pcnhallow; av*^'' vote was 
returned to the house by the clerk, who informed them that there 
was no powd"" und"" y^ care of Mr. Penhallow, but that all the 
l)0wd'' belonging to the province was in y*" custody of y" Lt. Gov" 
as Capt. of y^ Castle. 

A message to the board by Capt. Odiorne, Maj. Gillman and 
Capt, Tibbetts, with the two bills sent down this afternoon, past 
to be engrost: and by them the two following votes: 

In Conn : 

Voted, That Mark Hunking and Shad. AValton, Esq., be of a 
committee from the board to joyn w"' such as may be chosen by 
the house to make tale of the money whicli is to be paid in by the 
Grand Committee this year to be burnt (1). 

April 2o"'-, 1721. Ptich'' AValdron, Cler. Conn. 

(1) .}fi>mnran(him. That one tliousaml pound be of this pajxl in to the Treasury this 
presdut year. — Joarn. of the Iljiise, Apr. 'ZiJth. 



808 PROVINCE OF NEW-IIAMPSIIIltE. [1721. 

Ill the House of Represen'*. 
licad and concurred. Epli" Denuct, Clcr. Assoin. 

Voted, Tliat Mr. Speaker Peirce, Capt. Odiorue and Mr. Deu- 
iiet be a committee from this house to joyn those chosen in the 
upper house for y<= end abovesaid. 

Eph" Dcnnet, Cler Assem. 

Voted, That his Excellency be i)resented with one hundred 
pounds to be paid out of the Treasury of this province in bills of 
cveditt. 

April 25"', 1721. Eph^ Dennet, Cler. Assem. 

In Coun : 

Eodem die, concurred. Eichard AValdron, Cler. Con. 

[p. 187.] The Gov'' directed the Clerk of y** Council to require 
y" attend** of y^ house of represent* at y* Council board. The 
Speaker and house came accordingij-, and the several bills here- 
after mentioned being i)assed in both houses and lugrost, were 
executed and enacted by signing and reading in in'esence of the 
whole Assembly, namely: 

1. An Act ag*"' carrying on aii illegal trade Avith the French at 
Cape Breton, alias Louisburg, near the Gulf of St. Lawrence in 
America. 

2. An additional Act to an Act for punishing criminal offen- 
ders, and for the further preventing tumults & riotous Asseniblys. 

3. An Act in addition to an Act for the settlem' & support of 
Grammar Schools. 

4. An Act to prevent Gaming in publick houses. 

5. An Act in addition to an Act to prevent damages by horses. 
G. An act for the better regulating high ways. 

After signing and sealing the foregoing Acts, his Excellency 
was pleased to make the following speech to the Geu^ Assembly : 

Gent: — The afTairs of the Province of the Mass" bay requiring 
my ])resence, I find that you will not have time enough to tiuish 
y*" affairs you proposed to be done at our ])resent meeting; shall, 
therefore, quickly give you another opi)ortuni(y to eoiiq)leat them, 
and hope at yo'' next meeting you will think of ordering' some 
monv to go on with the repairs of Castle William and [i*. 188.] 
Mary. 

Gent: — I return you thanks for what you have given me 
towards my support, and wish you Avell home. 

Then the Clerk, by ord"' of his Excellency, 

Adjorned the General Assembly 

till the li"' day of May next. 




1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 809 

Pro: X. IIaInp^ 

At a Gen' Asscm. held at Poitsm" by 

adjornm*, May 16, 1721. 
Present in Conncill, 
The Hon^^'« John WenhvoiHi, Esq., Lt. Goy\ 
Sanii Pcnhallow, ^ Shad. Walton, 

j\Iark Tlnnking. > Esqs. Ivichard Wibird,. 

Geo. Jaflry, ) Thoni^ l*ack(»r, 

The honse of representatives (1) Avas direcled to 
attend'^ at y" Council board by order of his Hon"" the Lient. Gov^ 
who came accordingly, and to -\\iioin he made the following 
speech : 

Genflemen: — Gov"" Shute's aftairs of his other Government 
oblidged him to leave ns before the business of this Pi-ovince was 
finislied, which occasions my now seeing you; & I doubl not but 
you arc mett with dispositions for ])assing through the necessary 
business of the Govcrnnu'iit, for t]i(> etfecting of Avhicli my best 
endeavours shall not be wanting; and 1 shaU'promote every thing 
thai may tend to his Majesty's Interest, and the Avelli'arc of this 
Government. 

I recommend to your consideration y'' state of his jMaJeslv's fort, 
"VYilliani & Mary; and your care must be not oidy to raise mony 
for the repairing that f )rtification, but also for the putting it into 
a better posture of defence. You Avell know that every wise gov- 
erment prepares for war in a time of ])eaee: lam very sensible 
that y" circumstances of our present atfairs [p. 189.] Avill not admitt 
of great things; yet Ave nniy do something annually, so tluit in a 
fcAA" years we may have a very defensil)lc fortification. I hope 
what little Avas done tOAvards it last year Avill be to your sat- 
isfaction, and you may depend Avhat mony shall be rai.-ed here- 
after for that service shall be faitlifuUy ajjplyed. 

It has been the laudible character of this Government, and 
what has been our practice once a year, or oftener, to Address our 
prince on the Throne. I know his Excellency intended to have 
moA^ed it Avlien here, but going away in a hurry, I suppose it slipt 
liis memory, so that I think it a proper season noAV to shoAV our 
dulifull obedience to his Majesty King George, whom God has 
long continued to tlie British nation. You Avill also have an op- 
portunity to shoAV your respect to his Excellency our (Governor, 
thankfully acknowledging his IMajesty's favour in continuing a 
GoA^ernor to us so just to las Majesty's Interest, and willing to 

(1) [Frnm the Journal of tlie Rouse.] 

15 May, 1721. Tlie house met accordiug to iirorogation. 

Present — Mr. Speaker, 

Eph : Dennet, Coll. Davis, 

Cap. Ortiorn, ^Ir. p:astnian, 

Cap. Greenough, Cap. Tibett, 

Cap. Gillman, Mr. Dam. 

The house is aitjourneil till tomorrow eight a o'clock. 

16 May. A'oted, That Cap. Greeuough be Clark of this house till further order. 



810 PRO\T\CE OF NEW-HAMPSHIRE. [1721. 

promote tlic best interest of this people. I am of the opinion 
that the keeping oiir port open is a disadvantage to the Govern- 
ment, so hoi)e you will take it und"' consideration. 

J. AVextwouth. 
Adjorn'' to to-morrow, 10 o'clock, a. ji. 



Pro : N. Ilamp'. 

At a General Assembh^ held at Portsmouth 
by adjournm' May 17"', 1721. 
Present in Conn : 
His Honour Jno. AVentwortli, Esq., Lt. Gov"", 
Sam' Penhallow, i Shad. "Walton, ^ 

Mark Ilnnkino-, > Esqs. Jvicli'MVibird, > Esqs. 

Geo: Jatlrey, ) Tlioni* Packer, ) 

The Committee appointed to receive tlie mony of tlie Committee 
for the tlfteen thousand pounds, Reported that tliey had received 
eight hundred & ten pounds, ten sliillings and nine pence, which 
was burnt to ashes in presence of the General Assembly. 
Adjorned till 3 o'clock, r. si. 



[p. 190.] Pro. N. Hamp''. Mett again according to adjornment. 
Present as Before. 
Adjorned till tomorrow. 



Pro: N. Hamp^ 

At a General Assembly ludd at Portsm* 
by adjornm' May 18"', 1721. 
Present in Coun : 
As Before, namely, 
His Hon"- Jolm AVentwortli, Esq., Lt. Gov% 
Sam' Penhallow. ) Sliad. Walton, ) 

JNIark Hanking, V Esqs. Picii'' Wibird. > Esqs. 

Geo. Jatlrey, ) Thom'' Packer, ) 

A message to the board by Capt. Tibbitts and Mr. Dennet, w"' 
the following vote : 

Voted, That a Committee be appointed to consider the expedi- 
ency of Emitting a further sum of bills of creditt of this province, 
and on Avhat foundation, and make report accordingly. The per- 
sons chosen for the aforesaid, are Capt. SherburU: Maj. Gillmau 
and Capt. Peirce, to joyn such as may be chosen by the board. 

18"^ May, 1721. Daniel Greenough, Cler. Assem. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 811 

In Conn : 

Head and oi-aered, That Mark Hmiking-, Geo: JaftVcy & Ricli- 

ard Wibird, Esqs., joyu w* the above (Jentlemeu as a Coimuitteo 

from this board. 

Sami Penhallow, Cler. Con, pro temp. 

A message to the board by :\raj. Gilbnau, with the following 

vote : 

In the house of Kel)rcscn'^ 

Voted, That Col. AValton be returned thanks for liis good ser. 
vice done this province at the Eastward,. & that he be presented 
with ten pounds to be paid out of the pnblick treasury. 

May IS*, 1721. Dan' Grecnough, Cler. Assem. 

In Coun : 

Concurred. Sam' renhallow, Cler. Qow. pro temp. 

Adiorncd till tomorrow. 



[p. 191.] Pro:N. IIamp^ 

At a Gen' Assem. held at Portsrn" by 

adjornmS May 19'S 1721. 
Present in Coun : 
His Hon-- John AYentworlli, Esq., Lt. GoV, 
Sam' renhallow, } Shad. Walton, J) 

]\hirk lluiiking, > Esqs. ]fich'' AVibird, > Esqs. 

Geo. JalVrey, ) Tho'- Packer, ) 

A message to the board by Jotliam Odiorne, Esq., with the 

following vote : 

In the House of Pepresen♦^ 

Voted, That a Connnittee be cliosen (viz.), Capt. Odiorne, to 
survey the stores of powder belonging to his jMajesty's Fort Wil. 
liam and Mary, and to see the same delivered into the powder- 
house Avithin the said Fort, under the care of the Capt. for tlie 
time being, and that there be a report made to this house of the 
same. 

19* May, 1721. Daniel Greenough, Cler. Assem. 

Eodem die. In Coun : 

Voted a Concurrence, and tliat George Jaffrey, Esq., be of the 
board to joyn in the above service. 

Sam' Penhallow, Cler. Con. irro temp. 

A vote was sent up impowering the Treasurer to recover and 
receive the interest of the public mony lett out to the several Gen- 
tlemen, Avhicli was approved of at y" board. 

Adjorned till tomorrow. 



812 PROVINCE OF NEW-HAMPSHIRE, [1721. 

Pro. N. Ilauii/. At a (ron^ Asscin: held at Portsm° 

by adjorumS May 20"^, 1719. 
Present in Cuun : 
His Honour John Wentworth, E=q., Lt. Gov"", 
Sara' Penhallow, ) Sliad. Walton, ) 

Murk Hanking-, > Esqs. liich'^ AVibird, > Esqs. 

Geo. Jaffrey, ) Thoin'* Packer, ) 

A message to the board by Mr. Dennet, w"' the petition of Eliz* 
Sloper, & papers belonging thereto. 
Adjourned till to-morrow, 9 o'clock, a, m. 



[p. 192.] Pro:N. Hamp'. 

At a General Assembly held at Portsm" 
by adjornm', May 21''', 1721. 
Present in Conn : 
His Hon"" John Wentworth, Esq., Lt. Gov', 
Samuel Penhallow, ^ Shad. Walton, ^ 

Mark Hanking, > Esqs. Eich'MVibird, > Esqs. 

Geo. Jatirey, ) Thoin** Packer, ) 

Henry Sloper being sent for bj- a special Avarrant directed to 
the sheriff, was accordingly bronght to the board to answer for his 
vile and wicked reflections on & abuse of his Majesty's Govern- 
ment of this province, as sworn on file; and being heard thereon, 
it was considered, That the said Henry Sloper pay as a tine to his 
Majesty twenty pounds & costs taxed at fifty-five shillings and six 
pence, and recognize in Two hundred pounds, to be of good be- 
haviour for the year next ensuing, & stand committed till sen- 
tence performed. 

Pich'i Waldron, Clcr. Con. 

The above said Henry Sloper recognized according to the above 
order, and a copy of the said order was drawn out, directed & 
delivered to Mr. Benj" Acreman, to be executed upon the said 
Sloper. 

Ptich'J Waldron. 

A message to the board by George Jaffrey, Pich'^ Wibird and 
Tho'* Packer, Esqs., Avitli a scheme and projection for making and 
emitting ten thousand pounds, which was laid before the board by 
a Committee appointed to report that matter. 

Adjorncd till July 11"', 1721. 



1721.] JOURNAL OF COUxNX'IL AND ASSEMBLY. 813 

[p. 103.] Tro: N. IIamp^ 

At a General Asseiiiltly lioUl at Poiisnioiith 
by acljorumcui, July 11"', 1721. 
Present hi Conn: 
ITis Honour John Weutwortli, Esq., Lt. C;ov% 
Sami Tenhallow, ) Sluul. Walton, ^ 

Geo. JallVey, V Esqs. Kiclf' Wibird, > Esqs. 

Mark llunking, ) Thoni'* Packer, ) 

A petition directed to the Hon"'" the Lieut Gov"^ & Council 
signed by four of the five selectmen of Portsmouth, and preferred 
by 3Ir. James JafTry, praying- for a wri'tt of Audita Querela (1) 
upon a case tryed at the Qr. Sessions relating to Mrs. Jose's high- 
way, was read at y" board and ordered that the petition be heard 
to-morrow at ten o'clock before noon, and that John Pray be noti- 

fyed thereof. ^ 

Eich-i ^Valdron, Cler. Cou. 

The petition of Israel Clifford, directed to the General Assem- 
bly, praying for an allowance out of the Treasury, in considera- 
tion of his being shot in the leg and much wounded on a Muster 
day at Hampton, read at the board and sent down by the Clerk. 

This day his Excellency the Gov" additional Instructions from 
the Lords Justices signifying his Majesty's will and pleasure re- 
lating to the striking or emitting any more bills. of creditt within 
this province, was read at the board, and then sent down and laicl 
before the house by the Clerk. 

Adjorned till 3 o'clock p. 31. 



Pro: IST. Ilamp'". Mett according to adjornment. 
Present in Couu: 
As Before. 
[p. 194.] A message to the board by Mr. John Dam with the 
Lords Justices' Instructions to the GoV, w'^'^ were read in the 
house (2). 

(1) In law, when a defendant or bail, against whom judgment has been recovered, 
comphains that he has ah-eady ratified the demand, or been released from it, an audita 
querela is a writ in the nature of a bill in equity, directed to the Court, enjoining it to 
hear the parties and cause justice to be done them.— Jf'e6. Die. 
(2) [From the Journal of the House.] 
By ye Lords Justices Parker, Townsond, Craggs, New Castle & Devonshr. 
Additional Instructions to Saml. Shute, Esii-, his:sia.iests Cap. General and Governour- 
in-Chief of his ^lajests Province of New Hampr, in New England, in America, or to 
ye Commander-in-chief of his Majestys Province of New Hampr for ye time being: 
Given at Whitehall, ye twenty seventh day of Septemr, 1720, in ye seventh year of 
his Miijet's I-leign. 



814 PaOVINCE OF NEW-HAMPSHIRE. [1721. 

A message to tlie house by George Jaffrey, Shad. Walton, Esq., 
with the petition of Docf Allen, praying for an allowance out of 
tlie treasuiy for his administration to y" New Ilamp"" Souldiers at 
the eastward in quality of a surgeon. 

Adjourned till to-morrow, 10 o'clock, A. M. 



Pro. N. llamp'. 

At a General Assembly held at Portsm° 
by adjournment, July 12'^, 1721. 
Present in Coun : 
His Hon"" John AVentworth, Esq., Lt. Gov"", 
Samuel Penhallow, } t^-. ^ Geo. Jaffrey, ? ^^ 

Mark Hunking, I ^**^1^- Shad. Walton, (, ^^^''^• 

Eichd Wibird, Esq. 
Mr. James Jaffry, in behalf of the Selectmen of Portsmouth, 
appeared at the board to prosecute their petition preferred yester- 
day, and Mr. John Pray appeared to answer according to notilica- 
tion ; and objected that the Selectmen Avere not qualifyed to pros- 
ecute the said petition or suit, without a special vote of the town 
impowering them so to do ; — which being considered. It is re- 
solved that the process be dismist, the prosecutors not appearing 
according to law. 

Eich'i Waldron, Cler. Con. 
Adjorned till 3 o'clock, r. :*r. 



Pro : N. Ilamp'. 

Mett again according to adjournment. 
Present as Before. 
Mr. Jonathan Wiggin appeared at the board to prosecute his 
petition preferred in April last, praying for a grunt of the Ferry 

Whereas Actts have been passed in some of his Majesties Plantations in America, for 
striking Bills of Creditt and issuing out ye same in lieu of mony, in order to discharge 
their publick Debts and for other purposes, from whence several inconveniences have 
arose; it is therefore his ;Majests Will and Pleasure, that for ye future, you do not 
Give your assent to or pass any Act in his Majests Province of New Hampir, under 
your Government, whereby Bills of Credit may be struck or Issued in lieu of mony or 
for Payment of mony either to you, ye Governour, or to ye Comander-in-chief, or to 
any of ye members of his Majesties Council, or of ye Assembly of ye said Province of 
New Hampr, or to any other person whatsoever, without a clause be inserted in such 
Actt declaring yt ye same shall not take effect untill ye sd Actt shall have been ap- 
proved and confirmed by his Maijesty, excepting Actts for raising and settling a Pub- 
lick Revenue for defraying ye necessary charge of ye Government of ye sd Province 
of N. Il.impr, according to ye Instructions already given you. By their Excellencies' 
command. 

Charles Delafat. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY, 815 

Oil the south side Exeter vivcr; aiul roLurn being- nicaile by an offi- 
cer untl'' oatli, that Uich'^ Hilton, Esq., had been notifyed of said 
petition, and tlic hearing appointed upon it. The House of rep- 
resen'-* were sent for to the board by the Cleric, and the Speaker 
and house came accordingly; and after hearing tlie subject mat- 
ter of the petition and what related thereto, withdrew to their 
own chamber to consider thei'eof. 

[p. 195.] A message to the board by Mr. John Dam with a 
vote for striking and Emitting tifteen thousand pounds bills of 
creditt, w"' a saving clause according to the Instructions to the 
Gov'' read at y'^ board yesterday, which was sent down to the 
house by Geo : JatiVy and Kicli^^ Wibird, Esqs., for further consid- 
eration & amend'"'. 

Adjorned till tomorrow, 10 o'clock, A. m. 



Pro : X. IIamp^ 

At a Gen' Assembly held at Portsm" 

by adjornin' July li)"', 1721. 
Present in Conn : 
His Hon"" John AYentworth, Esq., Lt. Gov% 
Sam' Pcnhallow, ) Shad. Walton, j) 

Mark llunkhig, > Esqs. Pich'MVibird, > Esqs. 

Geo. Jatiry, ^ ) Thom" Packer, ) 

A message to the board by Mr. Dam, with the following vote: 
Voted, That Jonathan Wiggin shall have the ferry at Stratham, 
on the south side of Exeter river over against Capt. Eichard Hil- 
ton's house, and the improvem' thereof, for the space of twenty 
nine years and half, Irom y" date hereof; he finding and i)rovid- 
ing a sufficient boat and canoe for transportation of travellers, 
takeing for each horse and i-ider six pence and no more, and for 
each single person two pence and no more ; provided that the said 
Wiggin allow to all travellers sufficient Avays or passage from the 
King's road down to tlie ferry as the ways now go, he having the 
liberty of hanging Gates where needful in said ways, he always 
keeping his bridge and cosway in repair at his own cost and 
charge, and to have liberty to sell beer and Cyder free of Excise, 
and to give due attendance, on the penalty provided in the law in 
the like cases, and that said penalty shall not be in force ag"' said 
■\Yiggin untill the twenty fifth day of March next after the date 
hereof. 
July 13"*, 1721. Dan' Greenough, Cler. Assem. 

In Conn: 
Eodem die, Concurred. Eich'' Waldron, Cler. Con. 



816 PROVINCE OF NEW-HAMPSHIRE. [1721. 

[p. 19G.] Mr. John Sherburn appeavd at the board to prosecvttc 
his petition preferred in April last, praying a committee might be 
appointed to layout some grants of land for him; and being- 
heard at y'^ board and in tlie house of represen''* upon his petition, 
It was Voted in the house and sent up by Mr. Jno. Dam as fol- 
lows: '(viz.) 

The petition of John Slierburn praying for a committee to lay 
out his land as in said petition mentioned, being read in the house 
of reprcsen'', 

Voted, That the prayer of the x)etition be granted. 

Eph" Dennet, Cler. Assem. 
In Council. 

July 13*, 1721. Concurred, and voted that the Lott-layers of 
the town of Portsmouth be the conniiittee to lay out the land 
mentioned in s'' petition, and that they notify' the Lott-layers of 
New Castle to be present, if they see meet, wlien the said pieces 
of land shall be laid out, and that such laying out and record 
thereof in the town-book shall l)e deemed good and valiil in the 
law, as if laid out by the lott-layers of the same toAvn. 

Eich>i Waldron, Cler. Con. 

A message to the board by Capt. Jno. Gillman, with the follow- 
ing vote : 

Whereas the Title of the Act past in Gen' Sessions of the prov- 
ince in April last relating to riotous Assemblys & riots, has occa- 
sioned great discourse and many reflections; — It is the desire of 
the house of representatives that said vVct be not printed. 

13'!^ July, 1721. Dan' Greenough, Cler. Assem. 

In Council. 

Voted, T:iat the printing the Act abovesaid be suspended for y« 
present. 

Rich'i Waldron, Cler. Con. 

Adjourned till tomorrow, 10 o'clock, a. m. 



[p. 107.] At a Gen' Assembly held at Ports- 

mouth by adjornm', July 14, 1721, 
Present in Council, 
His Hon"" Johu Wentworth, Esq., Lt. Gov% 
Sam'I\"nhallow,) Shad. Walton, } 

Mark Hunking, V Esqs. lliclv' AVibird, V Esqs. 

Geo. JuitVy. ) Thom^ Westbrook, ) 

A message to the board by Mr. Dennet, Mr. Dam and Capt. 
Greenougli, v.^ith a vote for postponing the paym' of the thousand 
pouuds payable into the treasury this year until the year 1728. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 817 

By the same message two other votes; the one about excise, the 
other pedlars, (1) -whicli being read were returned to the liouse hy 
Geo: JaftVy and llich'' Wibird, Esqs., for further consideration and 
amendment. 

A message to tlie board by Mr. John Dam with the following 
vote : ' « 

In the House of Representatives. 

Tursuant to a vote of Assem. past 19"' May, 1721, for making 
and emitting a sum of bills of credit, 

Voted, that Mr. Speaker Peirce, Capt. Sherburn, ]\Iaj=' (iillman 
and Capt. AViggin be a committee to joyn such as may be chosen 
iu the upper house, to form an Act for y'= printing a sum of bills, 
of credit on a good foundation, to be sent liomc for the royal 
assent. 

12 July, 1721. Dani Greenough, Cler. Assem. 

In Council. 

July 14"' 1721. Concurred, and Samuel Pcidiallovr, Geo. Jaflry, 
Richard Wibird, and Thorn** Packer, Esqs., appointed for the ser- 
vice above. Rich'^ Waldron, Cler. Con. 

Adjorued till 3 o'clock, r. :m. 



Pro : X. IIamp^ ]\[ett again according to adjournment. 

Present as Before. 

[p. 198.] Richard Ilaice and Eben"" Haies appeared at the board 
and humbly prayed they and John Ilaice miglit be poled of from 
the town of Portsmouth to Newington, Avhich was considered and 
a vote formed thereon and past and sent down by the clerk for 
concurrence. 

A message to the board by Mr. Dam w"' the following vote : 
In Coun : 

Voted, That Richai'd Ilaice and his sons John and Eben'' Iiaice 
be and hereby are discharged jjaying any tax w"'in the town of 
Portsmouth till further order of the General Assembly, but that 
they pay all their taxes within the precincts of !N"ewington, — that 
is to say, tlieir poll tax and tax for the estate on which they now 
live, — till the aforesaid further order. 

Rich'i Waldron, Cler. Con. 

(l)[From the Journal of the House.] 
Jul}' 14th. Voted, yt all I'edlers aud Incomers yt shall trade in this Province 
of Xew Hampsre shall pay 2| per cent, for all their trade as they shall give in upon 
oath. 

52 



818 PROVINCE OF NEW-HAMPSHIRE. [1721. 

Ilciul in the house of .Represeii'% 
And conciuTed Avith. 

Daniel Gi-eenough, Cler. Assem. 

A message to the board by Mr. John Dam w"^ the following- 
vote: 

Forasmuch as there are several tijjpling houses in this Province 
that privately sell strong drink without license, and are so very 
private in it that it is hard to make proof of y* same : 

Voted, That every Justice of the Peace within this Province be 
inipowered to summon all such persons as they shall have inform- 
ation of, that do at any time drink strong drink in any of those 
houses, and put them to their oath whether they pay for it either 
directly or indirectly ; and i\pon refusal to take such oath, to be 
sent to his Majesty's goal, there to remain until they take the oath 
as aforesaid ; and every person so .selling and being convicted pay 
a fine of five pounds, to be collected and disposed of as the Law 
provides in like cases . . . And that all licensed houses w'Mn 
this Province shall constantly be provided w*'' beer or Cyder for 
the refreshment of travellers, under penalty of paying ten shill- 
ings for every defect so often as they shall be found two days 
w"'ont it ; and that there be an Act drawn up accordingly ; And 
[p. 199.] that Maj. Gillman, Col. Davis «fc Capt. Odiorne be a 
committee to joyn with such as shall be chosen in the upper house 
to form said Act. 

14 July, 1721. Danl. Greenough, Cler. Assem. 

In Council. 

July 11"'. Concurred, and Voted, That Sam' Penhallow, Geo. 
Jaffrey and Eich'' Wibird, Esqs., be of the Committee for the ser- 
vice above. 

Rich'i Waldron, Cler. Con. 

Adjorued till tomorrow, 10 o'clock, a. m. 



Pro: N. Hamiy. 

At a Gen' Assembly held at Ports- 
mouth by adjornm', July 15*, 1721. 
Present in Coun: 
Ilis Hon'" John Wentworth, Esq., Lt. Gov% 
Sam' Penhallow, ? ^ Geo. Jaflry, ? ^ 

Mark llunking, ^ ^''^-- Iiich<' Wibird, I ^'-^^^ 

Thorn" Packer, Esq. 
This dav the Grand Committee for the management of the fifteen 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 819 

thousand pounds, paid to tlic General Assembly two hundred and 
thu-ty-four pounds live shilliug-s and six pence, -wliich was burnt 
to ashes, and of which said sum the Grand Conunittee are hereby 
discharged. 

A message to the board by Mr. Dennet praying an answer to 
the vote of the house for postponing the payment of the tliousaud 
pounds payable into the Treasury this year, until the year 1728, 
Avhich was sent up yesterday. 

A message to the House by Geo. Jaftry, Esq., to inform thom 
that their vote for postponing the payment of the thousand pound 
aforesaid would lye upon the board for consideration till Septem- 
ber next, and that the treasurer should not issue out his warrants 
for the same in ye mean time. 

A message to the board by INIr. Dennet, Capt. Odiornc and 
Capt. Gillman, w"^ the foHowing vote : 

[r, 200.] In the House of Kepresen'^ 

Voted, That his Hon'' the Lieut. Gov'' be presented w"* one lum- 
dred pounds, to be paid him out of the Excise in Specie. 

IJ* July, 1721. Dan' Greenough, Cler. Assem. 

In Conn : 

Eodem die, Concurred. 

Rich'i AValdron, Cler. Con. 

A message to the board by Col. Davis «fc Capt. Gillman, w"* the 
following vote: 

It is tlie desire of the House of Representatives that there may 
be a receiver at Dover and Exeter of the Duty of the Boards 
mentioned in the Act. 

Dan' CJreenongh, Cler. Assem. 

A message to the board by Mr. Deiniet, with a bill entituled An 
Act for granting unto his ^Majesty several Dutys of Impost, Ex- 
port and Excise, &c., which had been read in the house and past 
to be Enacted; wdiich said bill was read at the board, and also 
past to be enacted, and was accordingly enacted by signing, seal- 
ing, (1) &c. 

Adjourned till Thursday, the 20"^ instant. 

(1) [From Journal of the House.] 

14th July, 1721. Voted, 1. That there be an Actt of Excise, Import & Export, vir. 

2cllj'. Yt all rum importeil from ye place of its growth shall pay 10s pr Hhd., and so 
pro rata for lesser or Greater Quantities. 

3d. Ytall Rum Imported from anyplace but j-e i>lace of its growth shal pay 20s 
pr Hhd., and so pro rata, for lesser or Greater Quantities. 

4. Yt Cannary and Mailara Wine shall pay 20s pr Pipe, yt is imported from any 
place but the place of growth, and so pro rata. 



820 PROVINCE OF NEW-HAMPSHIRE. [1721. 

[p. 201.] Pro:X. Hamp^ 

At a General Assembly held at Portsm", 
by atljornmS July 20*"^, 1721. 
Present in Council, 
His lion"" John Wentworth, Esq., Lieut. Gov"", 
Sam' Penhallow, ? -^.^^^ Shad. Walton, ) j^ 

Geo : JatiVy, J ^^1^' Pich'i Wibird, I ^"i'- 

Thorn" Packer, Esq. 
The petition of Samuel Bracket praying a committee might be 
appointed to lay out some grants of land for him iu the town of 
N. Castle, for reasons therein mentioned, read at the board and 
sent down to the house by the clerk. 

The petition of the town of Portsm'' signed by James JafTry, 
agent and attorney for the s"^ town, praying for a special Act to 
enable the s'^ town to have a re-hearing of a case between them 
and Mr. John Pray, relating to a high way through Mrs. Jose's 
land, read at the board and sent down by the clerk. 
Adjorned till 3 o'clock, p. m. 



Pro. N. I^amp^ Mett again according to adjornm'. 
Present in Coun : 
as Before. 
Jotham Odiornc, Esq., appointed Impost officer, and Mr. Clem* 

5. Yt Canary and INIadara Wine imjiorted from ye place of growth filial pay 10s i)r 
Pipe, & so pro rata. 

0. Yt Fiall and St. George's Wine sbal pay 153 pr Pipe that i.s Imported from any 
place bat ye jilace of growth, & so pro rata. 

7. Yt all Fiall and St. George's wine shall pay Bs pr Pipe imiwrted from yc place of 
growth, &c. 

8. Yt all Taverners and Innholders pay 8d pr Gall, for Rum and wino and all 
spirits; and Is. Gd. pr Barll for Cyder Excise. 

9. Yt all Retailers Pay 2d. pr Gall, on Rum and wine, which .shal be paid in Frovinco 
bills of Cr. or Merchtble winter Fish at ye price as it shal bear in ye month of Juno 
annually, to a Receiver apointed lor that purjjose. 

10. Vt all Boards exported from this Port shal jiay 2s. pr M., except what is exported 
for Europe or ye West Indies, which shal bo paid in Pro: bills of Cr. or Merchble 
Boards at ye currant price, to a receiver appointed for that puri)osc. 

11. Vt ye Duties and Excise be paid iu species or Prov : Bills of Cr. 

12. Yt all Taverners, Inholders and Retailers .shal be under Oath 4 times in a year 
to ye Quantity of Liquor they draw, and that all masters of sloops shal be under oath 
likewise to what Liquor they bring into this province. 

13. That all merchble Fish exported from this Province, except what shal be 
Exported to Foreign parts, shal pay 12d. pr Quintal, to be pd in Prov: Bills of Cr. or 
specie. 

14. Vt all Taverners and Retailers be allov/ed 1-5 [one-fifth] part for wastage. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 821 

Hughes commissioner of Excise for one year, and ordered that 
warniius be forthw"' prepai-ed accordingly. 

A messao-e to the board by Capt. Sherburu with the report of 
the Committee of Audit and the votes thereon, as follows: 

Pro: N. llamp--, April 10"', 1721. 

At a meeting- of the committee for uudifing the province ac- 
counts, the following accounts allowed: 

1. Account, satisniclion made for the death of Indian 
Hannock, supposed to be murthered in the i)rovince, 
and the Lt. Gov'', &c., going Eastward to make the 

present £91: 11: 5 

[p. 202.] 2. Muster Eoll signed by Capt. Moody, sol- 
diers at the Eastward under his command . 203 : 7 : 3 

3. Tlie Treasurers accS provisions, &c., for s"! sold™ 245: 2: 5 

4. ThcTreasurer'sparticiilar ace' of sundry disbursui'MSB: 8: 7 

5. Disbursements on the Trison . . . . 5(5: 18: 

6. Mr. Clerk Waldron's account . . . . 58: 0: 

7. Doct. Robert Pike for administrations on Wm. 

8. AVhite, a sold'r at the Fort, referred to Gen' Assem. 

9. Col. AYeare as pr his ace' 3: 0: 

10. Mr. Thom** Dean 0:6:6 

11. Ito])ert Coats for Light-house & other work at y® 

fort 14: 10: 7 

12. Do. for mason's work at y" fort . . . . 12: 5: 

13. Geo. Peirce for iron work at y® Prison . . 13: 0: 

14. llich'^ Perry, Lock smith, for mending arms . 1: 0: 



The foregoing ace' allowed by us . . £885: 12: 9 

John Gillman, Mark Tlunking, 

Jotham Odiorne, Geo: Jaftry, 

Peter Wear, Eich'i Wibird. 

Li y"^ house of Reprcsen'S 
Voted, That the several sums annexed to the several names in 
the within account be allowd to be paid, as also 20s. to Rob' 
Coates for his trouble ab' the light house, as pr his ace' £1:1:0, 
and to Dr. Pike for medicines to ^Vm. White, as pr his ace', 
4: 0: 0. 

15 July, 1721. Daniel Greeuough, Clerk Assem. 

In Council. 
July 20"', 1721. Concurred. 

Rich'i Waldron, Cler. Con. 
A message to the board by Jotham Odiorne, Esq., w"* the Peti- 
tion of y'^ town of Portsm" sent dowu in the morning, ou which 
are indorsed the following votes : 



822 PROVINCE OP NEW-HAMPSHIRE. [1721. 

The within petition read in the liouse of Itepresent" and sus- 
pended till J" next sessions, that there may be notice given to Mr. 
Pray to appear. 

July 20, 1721. Dan' Greenough Cler. Assem. 

Eodem die. Concurred in Coun : 

Rich*^ Waldron, Cler. Con, 

Prorogued to 7br 14, 1721. 

Furtlier Prorogued to 8br 3d, 1721. 



[p. 203.] Pro. N. Hamp^ 

At a General Assem. held at Portsm°, 
b}' prorogation, October 3'', 1721. 
Present in Coun : 
His Hon"' John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ? ^ ,. , Geo. Jafirev, ? -^ 

Mark lluuking, ^ ^-^i*" Eichi AVibird, I ^•'^■^• 

Thorn* Packer, Esq. 
The attendance of the house of Pepresentatives (being desired) 
at the board, the Speaker and house came accordingly, to whom 
his Honour was pleased to make the following speech. 

Gentlemen: — I am to acquaint you that I received a letter from 
his Excellency, Gov. Shute, bearing date y^ 2.5"^ Sept. last past, in 
which he advises me that he is not able to perform his journey to 
New Hampshire tliis sessions, by reason of a fall he received 
some time since, so that we may not expect his Excellency here 
this winter. 

You may Remember in our last sessions that we did not pass 
on the raising any mony for the necessary and now growing 
charges of the Gov""' for the year 1721, which is pretty far 
advanced: I therefore now would recommend it to your consid- 
eration. 

The forces employed on the Eastern frontiers do and will call 
for mony to support them. I have inquired into tlie state of the 
Treasury, and tind by Mr. Treasurer that Ave have no money in 
the Treasury, and so not to answer the demands that are now 
upon him. 

The Impost and Excise Act, being laid on so late in the year 
that we shall not feel the strength and benefit thereof this winter, 
the greatest part of our boards being exported before the Act 
tookplawe; so hope you will take it into consideration and pro- 
vide such supplys as may be wanting for y'= hon'"''^ support of this 
his Maj'>^ Govem*. 

And if you have any thing else to offer that may be for the ser- 
vice of the Crown and the good of this Province, you shall not 
want my best endeavors to promote it. 

8br, 1721. Jo. Wentwokth. 

Adjorued till 3 o'clock, p. M. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 823 

[p. 204,] Pro: N. Ilamp"'. ]\[ett agaiu afcordiiig- to adjornm'. 

Pres' as Before. 
Adjoriicd till to-moiTOW, 10 o'clock, a. ji. 



Pro : N. IIa^ll)^ 

At a General Assembly held at Portsm" 
by adjoriiiuS 8br 4"', 1721. 
Present in Coun : 
His Honour John Wentwortli, Esq., Lt. Goa-"", 
Sani> Penhallow, ^ 81iad. Walton, ^ 

]\Iark IlunUiuy, > Esqs. liiclr' AVibird, > Esqs. 

Geo. Jaftry, ) Thoni'' Packer, ) 

The Hon'"''' the Lt. GoV and Council having formed themselves 
into a Court of Appeals this day, pursuant to a vote of the Gen- 
eral Assem: bearing date April 24"% 1721, to hear a case between 
Capt. Eben"" AVentworth, Appel', and Tliomas Palmer, Esq., 
Appellee; and the Court being opened, and Capt. Eben"" AVent- 
"worth not appearing, the said Thomas Palmer, Esq., entered a 
complaint, viz.: 

Thorn' Palmer, Esq. Complan', 

versus 
Capt. Eben'' Wentworth, Defend'. 

For that the said Eben'' "Went- 
Tvortli had not fdcd reasons of Appeal, according to law, nor i)ros- 
ecuted his ai)peal according to his bond. A:c., as may fully ai)i)ear, 
retlerence being had to y" said (.'omplaint on tile; and this Com- 
l)lainant being fully heard ui)on his c()mi)laint. It is considered by 
the court. That the said Thomas Palmer. Esq., recover against the 
said Eben"" \Ventworth, one hundred and ninety pounds, lifteeu 
shillings, it being a contirmatiou of the Judgment Of \'= Superiour 
Court, and costs of Courts, taxed at seven pounds, ten shillings 
and two pence, — in all £198: o: 2. 

Rich'^ Waldron, Cler. Cou. 

[p. 205.] A message to the board by Mr. Dennet with a vote re- 
questing the Treasurer to lay before the House tlie State of the 
Treasury, who immediately presented them with a memorial 
thereof accordingly. 

Adjorned till 3 o'clock, r. >r. 



Pro : N. Ilamp'. 

Mett again according to adjornmcnt. 
Present in Coun : as Before. 
Adjorned till tomorrow, 10 o'clock, a. m. 



824 PROVINCE OF NEW-HAMPSHIRE. [1721. 

Pro : N. Ilanii)''. 

At a Gen^ Assem: held at Portsm" 
by acljorum' 8bi- o*^, 1721. 
Present in Conncill, 
His Hon'' John Wentworth, Esq., Lt. Gov"", 
Sam' Pcnhallow, ^ Sliad. Walton, ^ 

j\Iark llunking, > Esqs. Eich'^ Wibird, > Esqs. 

Geo. JeftVy, 3 Tliom'' Packer, ) 

A message to the board by Mess" Sherbnrn, Dennet, Green- 
ough and Easman, Avith an answer to the Lieut. Gov" Speech, 
which said answer was sent back to the house by Geo : Jaffry, 
Esq.. to be reconsidered and amended(l). 
Adjorned till 3 o'clock, p. m. 



Pro: N. Hamp'. 

Mett again according to adjornmen'. 
Present in Coun : as Before. 

A message to the board by Samuel Easman, Esq., with the Rep- 
resentatives answer to his Hon" the Lieut. Gov" Speech (sent 
down in the morning to be reconsidered) without any alteration. 

[p. 206.] A message to the house by Sam' Pcnhallow & Shad. 
Walton w* their answer to the Lt. Gov" Speech, but now sent 
up by Samuel Easman, Esq., to desire their reconsideration of it 
& some amendments upon it. 

A message to the board by Capt. Samuel Tibbits with two 
votes, nameh', for postponing tbe tlionsand pounds payable into 
the treasury this year, till 1728, and for acquitting Constable 
Longfellow of twenty odd pounds due to the treasury, which 

(1 ) [The following is the Answer as contained in the Journal of the Honse, 
October 4th, 1721.] 

In answer to his Honours Speech. 

The House of Representatives are concerned for his Excellencies misfortune, that 
they cant have his Company here this sessions, according to expectation. 

We presumd y t at our last Sessions we had taken necessary care for ye support of ye 
Governmt for ye present year, as far as we had any view of ye growing charges, hav- 
ing then upward of eiglit hundred pounds & upwards in ye treasury, and a prospect 
of as much more by the Impost, &C. 

It appears to this house a Great Grievance that so many men should be drawn 
out of tliis province to sujiport ye Eastern frontiers, whereas our own Province is ex- 
poseil in our frontiers as much as theirs. 

And we pray Ids Excellency may be desired to return our men home, for yt we are 
humbly of opinion yt we are neither able nor oblidged to support our men there. 

So with great respect we are yr Hours Servts. 

[The Committee appointed to draw up the above answer, were Mr. Speaker 
Peirce, Col. Weare and Capt. Wij,'gia. — Ed.] 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 825 

were sent down to the house by Sam' Penhallow aiid Geo. Jaffiy, 
Esqs., to be reconsidered. 
Adjorued till tomorrow, 10 o'clock, a. m. 



Pro: N. Ilampf. 

At a General Assem : held at Portsm" 
b}' adjonim' Octob'' 6"', 1721. 
Present in Conn: 
His Honour John AVeulworth, Esq., Lt. Gov'', 
Sam' Penhallow, ? -r. (^eo. Jaflrv, ? 

Mark Hunking, \ ^^^^' Sliad. Walton, S 

Thorn' Packer, Esq. 
A message to the board by Capt. Samuel Tibbitts av"' the an- 
swer of the House to his lion''** Speecli w"^ some alterations upon 
it, tho' the same in sid)stance as before, which was again sent 
down by Geo. JafFry and Rich'' AVibird, Esqs., to be yet further 
considered and amended. 

A message to the board by Capt. Wiggin w"^ a vote for post- 
poning the thousand pounds payable into the Treasury this year, 
until the year 1725. 

A message to the board b}^ Capt. Gillman with the house of 
represent^ Answer to his Hon'' Speech, which was accepted, & is 
as follows : 
May it please your Hon'". 

In answer to y'' Honour's Speech, AVe the repre-entaiives are 
grieved for his Excellency's misfortune, Avhich p'veius his seeing 
us this Sessions. 

As to provision for support of Government your honour recom- 
mends to us, we presumed [p. 207] that at our last sessions, upon 
the settlement of the Treasurer's Accounts, there being a ballance 
of about seven hundred pounds in his hands, that that sum w"^ 
the Impost and Excise dayly coming into the Treasury, would 
have been sulficient to defray the accrewing charges of the Prov- 
ince for this year, so farr as we had a view thereof, and would 
have been sutRcient to answer all demands, if his Excellency had 
not ordered such a number of forces into the Eastern parts, wliich 
to us is a great grievance, that our men should be drawn out of 
our Province to defend and cover that Country, when our Iron- 
tiers are as much ex])()sed, and Ave at expcnces of scouts at the 
same time ; vrherefore we pray that his Excell>' may be desired to 
give orders for the calling home our said men, we not being 
obliged to support them there, neither are we disposed to raise 
any mony for that service or allow any. 

AVith great respect, we are 

Yo' llou'^* Most Obed' Servants. 
5"' Ocf, 1721. Josh* Peirce, Speaker. 



826 PROVINCE OF NEW-HAMPSHIRE. [1721 

A message to the board by Capt. Greenough w"^ the following 
votes : 

Voted, That an Act be past to pi'ohibit all trade and commerce 
with the Eastern Indians, and that a committee of both houses be 
chosen for the ends aforesaid. 

Oct. 6"% 1721, Dan' Greenough, Cler. Assem. 

Eodeni die. In Coun : 

Concurred. 

Rich'i Waldron, Cler. Con. 
In the House of Represen'^ 

Voted. That Cop Davis & Col" Wear be of y« Committee for 
this house to joyn such as may be chosen by the upper house to 
foi'm an Act to i^rohibit a trade and commerce with the Eastern 
Indians. 

Oct. G"', 1721. Dan' Greenough, Cler. Assem. 

In Coun : 

Eodem die. Concurred and Ordered, That Mr. JafFry & Col. 
Walton joyn in the atfair above. 



Adjorned till 3 o'clock, p. m. 



Eich'' Waldron, Cler. Con. 



[p. 208.] Tro: X. IIamp^ 

Mett again according to adjornm*. 
Present in Coun : 
As Before. 
George Jeffry, Esq., from the Committee appointed to prepare 
the bill prohibiting a trade Avith the Indians, laid the same before 
the board, which was read and past to be engrost; and sent down 
to the house of represent^ for concurrence by the Clerk. 

Hugh Banlield pi'eferred a petition directed to the Hon'"''' the Lt. 
Gov"" and Coun: as the Supream Probate, praying for a settle of 
his fatlier John Bantield's estate, which said petition is ordered to 
be heard tomorrow. 
Adjorned till tomorrow 9 o'clock, A. Ji. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 827 

Pro : N. IIanlp^ 

At a General Assem : at Portsrn" 
by adjounu' 8br 7"-, 1721. 
Present in Coun: 
His ITononr JohnAYentworth, Esq., Lt. Gov"", 
Sam' Ponhnllow, ) Sliad. Walton, ) 

INIark Hiuikiiig, > Esqs. Picli'^ Wibird, >Esqs. 

Geo. Jallry, ) Thomas Packer, ) 

Ordered, that the Clerk write to Capt. Samuel & Capl. Josh* 
Weeks and direct them to have the high-ways within their dis- 
tricts forth w"' repaired. 

A message to the board by Mr. Dennet w"' the bill prohil)iting' 
a trade with the Eastern Indians, past in the house to be Ingrost. 

A message to the board by Mess'^ Davis & Gillman with a vote 
for repealing (lie Impost & Excise Act, w"^*^ vote was retnrned to 
the house by Geo. Jatfry, to be reconsidered. 

Mr. Treasurer Peuhallow presented to the board an account of 
his necessary disbursm'' for the souldiers gone Eastward, wliicli 
he was directed to lay before the house of Representatives for 
their consideration. 

[p. 209.] A message to tlie board by Capt. Tibbitts w"' the 
vote of the house (amended in part) for repealing the Impost & 
Excise Act, wliich was again sent down by Geo. JafiVy & Pich'^ 
Wibii'd, Esqs. for further amendui'; Avho brought back the said 
vote w"^ some further alteration, which was accepted and con- 
curred with, and is as follows : 

EoKASMUCH as the Act of Impost, Sec, lately past in this Prov- 
ince is resented by the Government of the Mass" as injurious to 
them, upon which they have enacted the imposing severe, uncom- 
mon & unneighborly Dutys on provisions and other wares and 
merchandise that shall be imported and exported to and from y' 
Goverm'; and being given to understand that the execution of s* 
Act is suspended or does not commence until the 20 instant, in ex- 
pectation of a reconsideration of our Act of Impost, etc., which 
they say has occasioned such a misunderstanding between the 
Goverments, — for the redressing and removing of which, 

Voted, That the Act of Impost and Excise of this Province be 
repealed so farr as relates to Impost on liquor, and Export on 
boards, provided that the Great and General Assembly of the 
IMassachusetts, in their next sessions repeal their said Act impos- 
ing said severe dutys, as also their former Acts laying double du- 
tys on Merchandise imported from their province, powder mony, 
double light mony, &c., on the vessels of tliis province, more than 



828 PROVINCE OF NEW-HAMPSHIRE. [1721. 

is paid by tlie vessels belonging to any other the neighboring Gov- 
ermeuts, and that an order be issued out to the receiver or receiv- 
ers, that they I'cceive no more until further order, from and after 
this date. But if in case the said Great and Genei-al Assembly of 
the Mass* do not see meet to repeal their s*^ Acts so farr as affects 
& relates to this Province, then our Act to remain in full force 
notwithstanding. 

Oct. 7"', 1721. Dan' Greenough, Cler. Assem. 

In Conn : 

Eodem die, Voted a concurrence. 

Ricd'i Waldron, Cler. Con. 

Hugh Banfield appeared at y** board to prosecute his petition 
preferred yesterday, and being heard upon it, it appeared fully, 
that his said father, John Baulield's estate, had [p. 210] been here- 
tofore settled according to law: whereupon it was ordered that 
the said petition be dismist. R. AValdron, Cler. Con. 

A message to the board by Capt. Greenough with an explana- 
tory vote upon a paragraph in the Impost & Excise Act, which 
was sent down by Geo: Jaftry & Rich'^ Wibird, Esqs., to be 
amended, who brought back the same vote without any altera- 
tion ; — which is as follows : 

Pro : N. Hamp^ Whereas the Act of Excise past in General 
Assem: which was to take efiect the nineteenth of July, 1721, vi"^^ 
intei'feres with the licences taken before, w'^'^ terminates y*^ 6"' day 
of Sepf following. 

In the House of Eepresen*^ 

Voted, That the said Act should not take place until s'' 6"^ of 
Septs 1721. 

Oct. 7, 1721. Dan' Greenough, Cler. Assem: 

In Conn : 

Eodem die, Concurred. Rich'' Waldron, Cler. Con. 

In Conn : 

Ordered, That the vote of the house sent up yesterday for de- 
ferring the payment of the thousand pounds payable into the 
treasury this year, till 1725, be under consideration till next ses- 
sions, and that the treasurer do not Issue out his warr*"" for y*' same 
in the mean time. 

Rich'i Waldron, Cler. Con. 

A message to the board by Capt. Greenough praying a Confer- 
ence with tlic Hou'^''' the Lt. Gjv' and Council upon the subject 
matter of striking and emitting more bills of credit t for defray- 
ing the dajiy accruing charge of the Goverm', The request 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 829 

granted, and tlie Speak'' and House came to the Council Cliambcr 
accordingly, and liaving fully discoursed the point, withdrcAV to 
their own apartment. 

Memokandu.-w. Tliis day delivered to the Gen'Assem: by the 
Grand Committee for the management of the fifteen thousand 
pounds, one hundred and forty three pounds, four shillings and 
four pence, which Avas burnt to ashes in presence of the Gen' 
Assem: of which sum the s'^ committee arc hereby discharged. 

[p. 211.] His Hon"' the Lieut. Gov"" directed the Clerk to notify 
the house of Eepresen'^ that they give their attend" at y^ Coun : 
board. The Speak"' and House came accordingly : And the Bill 
entituled an Act to prohibit trade and commerce with the Eastei-n 
Indians being past both houses to be Engrost and Enacted, the 
same was signed & sealed iu p'sence of the Gen' Assem : & then 
they were, 

Adjorued till y^ 7"^ day of Novem'', 1721. 

Prorogued till Novem'' 21, 1721. 



Pro : N. Ilarap'. 

At a Gen' Assem: held at Portsm° 
by proroga" 9br 2P', 1721. 
Present in Coun : 
His Honour John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, } j^^^^ Geo. Jatiry, ) ,. 

T^Iark Hunking, $ ^■^'^- Pticlr' >yibird, I ^^'^'l^- 

Tho' Packer, Esq. 
A message to the House(l) by the Clerk requiring their attend" 
at the board ; the Speak'' and house came accordingly ; to whom 
Ms Honour was pleased to make the following Speech : 

Gent. The principal reason of my further proroguing the Gen' 
Assembly to this day. was to give the other Government time be- 
fore us to see whether they would repeal an Act lately imposed 
on this Government so cruel and so oppressive. 

I am to let you know that since our last sitting, 'Mr. Speaker 
Pierce and Mr. Treasurer Penhallow accompanyed me to Ipswich, 
where I mett Governour Shute according to appointment, and wo 

(1 ) [From Journal of the House.] 
Nov. 22, 17^1. Prov: X. Hauipr. 
George, &c. 

Whereas sundry members of ye house were delinquent, according to 
ye adjournmt from Novembr 7th to 21st of Fd month, a warrant was issued out from 
this house pr. Mr. Speakr for their appearance. 



830 PROVINCE OF NEW-HAMPSHIRE. [1721. 

discoursed matters relating to the al)Ove Act. &c., and came to 
tliis resolve, That in case the Mass" will drop all their impositions 
[r. 212.] formerly and lately laid on this Govermeut, that then 
and in such case we will do the same, (viz.) Drop all Dutys laid 
by us on them, or in such wise as they do by us; his Excellency 
lias promised his best endeavors shall not be wanting for the ac- 
commodation thereof. 

Now in case the Mass"" does not redress us, then we have noth- 
i]ig more left us but to state the case tairly, and to Address his 
Majesty, by our Agent, INIr. Newman ; and you may be assured 
that I will do everything in my power for the repealing that Act. 
"When our Act and that of Massachusetts comes before impartial 
Judges, ours will be thought no hardship, but w' one Govermeut 
may lay on another: but theirs will look cruel and oppressive. 

I would i-ecominend to your consideration the lifteen hundred 
pounds collected last year, and should have been burnt according 
to act of (ileucral Assembly; for what reason that mony was mis- 
applyed, Mr. Treasurer is to account for. I hope you will con- 
sider of ways and means to bring it into the treasury again, that 
so it may answer the just end for which it w^as made.' 

I remember last year there was a motion made for calling in 
the tifteen penny bills of Creditt, many of which were found to 
be counterfeited. It will be well worth your while to consider 
and raise mony for that use on a good fund, and putt into the 
Treasury for Exchanging s'^ bills, and that you will take care that 
his Excellency may be provided for as usual, that so the honour of 
this His Maj"*^^ Government may be supported. 

J. "\YexT WORTH. 

Adjorned till tomorrow, 9 o'clock, a. m. 



Pro : X. Ilamp'. 

At a Gen' Assem^'held atPortsm^by 

adjornm', 9^' 22'', 1721. 

Present in Councill, 

His Honour John Wentworth, Esq., Lt. Gov"", 

Sam' Penhallow, ? ^^^^ liich'^ Wibird, ) ^ 

Geo. Jaftry, \ ^sqs. .^,j^^, ^^^^^^ J Esqs. 

Adjorned till to morrow, 9 o'clock, a. m. 



[p. 213.] Pro:N. Hamp^ 

At a General Assem : l.eld at Portsm" 
by adjornm', 9br 23'', 1721. 
Present in Coun : 
His Honour John Went worth, Esq., Lt. Gov', 
Sam' Penhallow, ^ Shad. Walton, ) 

Mark Hunking, VEsqs. Piclr' Wibird, V Esqs. 

Geo. Jatlry, ) Tho^ Packer, > 

Adjorned till Monday next, the 27"' instant, at 10 o'clock, a. m. 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 831 

Pro: X. IIamp^ 

At a Geu' Asseni. hold at Portsm" 
by adjormu', November 27"', 1721. 
Present in Councill, 
His Hon'' John Wentworlh, Esq., Lt. Gov'', 
Sam' Pcnhallow, / p, (Jeo. JallVy, ? p,^„ 

:\[ark Hunking-, ^ ^**1-- Thoni'' Packer, <, ^*^^' 

Adjorned till 3 o'clock, r. M. 



Pro: X. llamp'. Mett again according to adjorum'. 
Present, 
His Honour the Lent. Gov: 
Geo. Jaffrv, ? ^ . Piclri NYibird, ? p,^„ 

Shad. Walton, \ ^^"^l ■' Tho» Packer, $ ^''^^• 

A message from the House to the Lieut. Gov'' praying a copy of 
his Honour's Speech, Avhich was immediately prepared and cai*- 
ryed down by the clerk accordingly. 

A message from the house by Capt. Greenough and Mr. Dam, 
in-aying they might be informed whether his Excellency had re- 
called the New Hampshire souldiers from the Eastward, or what 
advice there was from the Gov'' respecting that matter. To whom 
his Honour replyed that the last time he heard from the Gov'', his 
Excellency acquainted him that the Mass* had reduced their soul- 
diers to two hundred, and that N. Hamp'' (^uota was now but 
twenty. 

[r. 214.] A message to the board by Capt. Tibbetts aiul Capt. 
Gillman with the following vote : 

In the House of Represen'^ 

Voted, That his Excellency be desired to order all our Province 

men home from their respective posts at the Eastward, they being 

in a sutlering condition, and we neither Avilling nor oblidged to 

support them there. 

27"' Nov'', 1721. Dan' Greenough, Cler. Assem. 

In Council. 
Eodem die. Concurred. 

Rich'i Waldrou, Cler. Con. 
Adjorned till to-morrow, 9 o'clock, a. m. 



832 PROVINCE OP NEW-HAMPSHIRE. [1721. 

Pi*o: !N. Ilamp'. 

At a Gen' Assembly hekl at Port.sni° 
by adjonim', 9br 28"^, 1721. 
Present in Councill, 
His Honour John Wentwortb, Esq., Lt. Gov"", 
Samuel Penhallow, ? t^__ Rich'' Wibird, ? -p 

Shad. Walton, (, ^^^i^' Tho* Packer, ^ ^'^l^- 

His Honour the Lieut. Governour laid before the board a copy 
of a memorial presented to the Right Honourable the Lords of 
trade and PJantations, by Mr. Agent Newman, (1) praying for a 
supply of (h\n powder for his Majesty's Fort Win. and Jfanj, 
w*in this Province, T\'hich being read was sent to the house by 
the Clerk. 

A message to the board by Capt Jno. Gillman with the follow- 
ing vote: 

(1) [From MS. Corresponilence, in Scc'ry ofHce.] 
A letter from the Procivcc Agent, Mr. Xeicinan, dated 

41 Middle Temple, May 2d, 1721. 
Sr. — I Iiave herewith covered a copy of the luemorjall which I put into the board 
of Trade in March last on the subject of powder for Fort William & Mary; but tho' I 
have attended every week since to know the pleasure of the board tlierein, the Parlia- 
mentary aiTairw, and the preparing instructions for my lord Irwin (since dead) and 
now for lord lielhaven, he being to j)roceed without delay to his goverrut at Barba- 
does, has obliged their Lordships to i)ostponc the consideration of it; however I was 

yesterday jironiised one of the com'to it should be considered to morrow, and 

some answer given to it, of which I shall acquaint your Excellepcy ni the postscript 
of this, if I obtain my expectations, but having been often disappointed, and having 
delayed writing by Capt. Brown, in hopes of an answer, I write this to be rf ady to bo 
Bent by Capt. Chadderl?] that your Excellency and the Province of Kew Hampshire 
may not think me negligent. 

As to the divisional line I find I must petition his Majesty in Council before any- 
thing will be done in it, Mr. Dummer refusing to joyii with me. And in order to set 
the matter iu a clear light, I must have coi)ies of the original Grant of the Council of 
Plymouth to Massachusetts, and of tho old charter from the Crown to Massachusetts, 
and conveyances of the Province at Maine to Massachusetts, all which I am endeav- 
oring to get copies of here; but perhaps I may be under difiiculty to prove them 
authentick, and therefore if I can have copies under the Province seal, attested by 
your Excellency or Col. Wen tworth, they would have a better authority. It's true, 
these grants are generally recited iu the present charter of Massachusetts, but that 
recitall omits many provisos and exceptions which may be of use to New Hamijshire. 

May 3d. 

Sr. — This day I attended the board of Trade, and their Lordships were ideased to 
admit of a reading of my memorial, and tho' they have not yet taken a resolution 
thereupon, I nni glad to liud they think the prayer.of it very reasonable, and your 
Excelly will boon be iuformed of their resolution in such a manner, as I have good 
reason to believe, will be to the satisfaction of the Province; I mean by permitting the 
Revival of the duty of Impost, provided the trading ships of New Hampshire are not 
exempted from licaring their part of it, as well as the ships from Great Britain. 
[Indorsed] 

"A copy of agent I remain. 

Newman's intelligence 

2 May, 1721." 



1721.] JOURNAL OF COUNCIL AND ASSEMBLY. 833 

Til the House of IlCpreseut^ 
Votod, That an Exi)i-ess be forthwith sent to his Excellency to 
in-dv tliat he wouhl send orders to draw of all our men which ai"e 
now in liis Majesty's service at the EastAV'', they being in a suf- 
fering condition. 

9br 2«"S 1721. Dan' Greenougli, Cler. Assem. 

In Coun: 
Eodem die. Concurred. Kich'^ "Waldron, Cler. Con. 

Adjonied till 3 o'clock, r. m. 



[p. 215.] Pro: N. 7Tamp^ Mett again according to adjonini*. 
Present in Councill as before. 

A message to the board by Mess''* Tibbitts and Dam w"' an 
answer to his Honour's Speech, which Avas sent down by Geo. 
Jaffry and Samuel Penhallow, Esqs., for amendment (1). 

A message to the board by Col. Wear and Capt. Tibbitts with a 
vote for the Treasurer's paying to the General Assem : the tifteeu 
hundred pounds delivered into the treasury last year in order to 
be sunk, which vote was returned to the house by Messrs. Pen- 
hallow and Jaffry to be reconsidered. 

Adjourned till tomorrow, 10 o'clock, a. :\r. 



Pro: N. IIamp^ 

At a Gen' Assem : held at Purtsm" 
by adjornm' 9br 2'J"', 1721. 
Present in Coun: 
His Honour John AVentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ) Shad. Walton, ) 

Mark Hunking, > Esqs. Rich'' Wibird, > Esqs. 

Geo. Jatfrey, ) Thom' Packer, ) 

(1) [The following is the answer of the House referred to.] 

3ray it please yr Honor :— We Heartily thank j-r Honr, and ye geutlm. which acconi- 
panyed yr Honr to Ipswich, to meet his Excellency; and according to ye Kesolve 
there, we hope yt his Excellency will, according to his Promis, use his best Endeavor 
to accommodate the affair relating to ye late severe Act of Duties, that it may be 
accommo<lated at the next sessions of the General Assemblj- of ye Massachusetts ; 
and in the mean time yt our Act of Duties be repealed, so tar as relates to ye Duty on 
Lumber. 

As to ye £1500 collected last year, and should have been burnt, but is misapjilyed, 
we expect yt Mr. Treasurer return ye mony yt it may be burnt according to ye tenner 
of ye Act of Genl Assembly. 

As to ye lod. Bills of Credit which were found to be counterfeited, or any other of 
our bills when brought into j'e Treasury, we will take care to suppress ye villany and 
make good ye Damage. 

As for Providing for his Excellency, we are ready and willing to do it as soon as we 
are able. 

2Sth Nov., 1721. 

53 



834 PROVINCE OF NEW-HAMPSHIRE. [1721. 

A message to the house by Rich'* Wibird and Tho" Packer, 
Esq*,, requiring their attendance to conferr on the striking & 
emitting- a further quantity of bills of creditt, and also how and 
by Avhat means to send for the souldiers at the Eastward. 

The Speaker and house caine to the board accordingly, and 
having fully discoursed on the p'lnises withdrew to their own 
chamber. (1) and then the Council were 

Adjourned till 3 o'clock r. m. 



[p. 21G.] Pro: N. IIamp^ Mett again according to atljornm^ 

Present in Councill 

as Before. 

A message to the board by Capt. Tibbitts and Capt. Gillman, 

w"' a A'ote for repealing the lumber Act, and another vote to chuse 

a Committee to form a letter to the Goverm' of the Massachusetts 

in order to the adjustment of the Difference between this and that 

Province. 

Adjorned till tomorrow, 10 o'clock, a. h. 



Pro : N. Hamp"'. 

At a r4eni Assem : held at Portsm" 
by adjornm', Novemb'' 30"', 1721. 
Present in Council, 
His Hon'' John Wentworth, Esq., Lt. Gov"", 
Sam' Penhallow, ) Shad. AValton, ) 

Mark Hunking, > Esqs. liich'i Wibird. > Esqs. 

Geo. JatlVy, ) Tliom* Packer, ) 

A message to the house by George Jatfry and llichard Wibird, 
Esqs., with the two votes sent up yesterday in the afternoon, 
(namely), for repealing the lumber Act and appointing a Com- 
mittee to write to y'^ Mass'' Governin' to be reconsidered. 

A message to the board by CaiJt. Gillman & Mr. Dennet with 
the following vote : 

In the House of Pepresen'% Nov. 30"'. 1721. 
Voted, That a Committee of this house be chosen to joyn with 

(1) [From Journal of the House.] 

:Nov. 20tli. Voted, Tliat there be a clerk chose wliich does not belong to ye House, 
and yt he shall be paid for his service out of ye Publick Treasury. 

Voted, That Capt. James Jaflfrey be clerk for ye year insuhig, and yt he shall have 
ten pounds for his service, and according sv?orn to his fidelity in sd office, and sd clerk 
to give out ye debenters to j'e members of Assembly free of charge. 



1721.] JOURNAL OF COUNTIL AND ASSEMBLY. 835 

sucli as may be appointed of the upper house, to form an Address 
to his Excellency to represent to y'= Goverm' of tlie Mass"^ our 
Desire for the laying all Dutys aside in each ; which we suppose 
will be for the beneflt of both Provinces; and tliat Maj"" Gillman 
and Capt. AViggius be of the Committee for the end aforesaid. 

Jas. JaftVy, Cler. Assem. 
In Coun : 

Eodem die. Concurred, and Sam^ Penhallow and Richard 
AVibird, Esqs., appointed of the Council for the service above. 

Eich'i Waldron, Cler. Con. 

[p. 217.] A message to the board by Capt. Gillman and Mr. 
Dennet with a vote for repealing the Impost and Excise Act made 
and. past in the month of May last, which was returned by Geo. 
JatFry and Rich'^ Wibird, Esqs., to be reconsidered, by whom it 
was recommended to the house to make an explanatory vote upon 
that paragraph in the afores'^ Act relating to the payments of 
species, &c. 

A message to the board by Capt. Greenough, w"* the following 
vote : 

In Coun : 

As an Explanation on the Excise Act on drink lately past. It 
is to be understood that the specie therein mentioned be merchant- 
able pine boards and tish, and that y"^ same be paid unto the col- 
lector thereof at Portsmouth. 

Nov. 30'h, 1721. Rich*! Waldron, Cler. Con. 

In the House of Represen'^ 

Read and concurred. 

o^J^^ Nov., 1721. Jas. Jaffry, Cler. xVssem. 

A message to the House by the Clerk with the three following 
votes (namely) : 

For the repetition of the fifteen hundred pounds paid into the 
treasury last year. 

For postponing the thousand pounds dne this year. 

And for striking and emitting one thous'^ pounds more. 

A message to the board by Col. Wear with the following vote : 

EdAvard West resident at Hampton, so accounted, being dis- 
trained upon by Salisbury constable for rates & carryed away to 
Newbury goal, and detained there for y<' space of two months, 
which is greatly to his damage in time and expenses, makes appli- 
cation to this house that lie may be allowed satisfaction for the 
same, not being able to bear the charge he hath been at himself. 

Voted, That Edward West be allowed three skiilings a day for 



83G PROVINCE OF NEW-HAMPSHIRE. [1721. 

forty eight days that lie was in custody at Newbury, on account 
of paying rates, lie having taken his oath in [p. 218.] this Assem- 
bly that he was so long in custody and that it be paid him by the 
Town of Hampton, and that the selectmen of said town make an 
assessment for the same. 

9br 30»>, 1721. Jas. Jalfry, Cler. Assem. 

In Conn : 

Eodem die. Concurred. 

Richard AVuldron, Cler. Con. 

A message from the House by Mr. Dennet, Capt. Tibbitts and 
Capt. Greenough, with a vote for the Treasurer immediately to 
account w^^ y« House, &c. w'^'' vote was delivered Mr. Tveas'' Pen- 
liailow(l). 

Adjorned till tomoiTow 10 o'clock, A. m. 



Pi-o: N. Hamp'. 

At a Gen' Assem. held at Portsm''' 
byadjornm* Dec'' 1**, 1721. 
Present in Council, 
His Honour John Wentworth, Esq., Lt. Gov'', 
Sam' Penhallow, } t^„^„ Shad. Walton, } p,,^^ 

Geo. Jaffry, ^ ^'^^^- Pichi Wibird, \ ^''^^^ 

Thorn'* Packer, Esq. 
A message to tlie board by Mr. Dennet w"' a vote for sending 
for our Eastern souldiers, which was sent back by the Clerk for 
reconsidei'ation . 

Daniel Jackson preferred a petition to the board du-ectcd to the 
Gen' Assem. prapng for a special Act to enable him to renew and 
bring forward a suit ag*' Alexander Miller, before Geo; Jaffry^ 
Esq., Just. Peace, for reasons therein mentioned; which petition 
being read and the pleadings upon it fully heard, and the objec- 
tions ag'*' the same made by the s** Miller also heard and consid- 
ered, — It was voted, that y^ prayer of the petition be granted, 
and that the petitioner be allowed to prepare and bring in a bill 
accordingly; and then the said petition and vote thereon was 
sent down to the house by the Clerk for concnrrence. 

(1) [From tlie Journal of the House.] 

Nov. 30th, 1721. Voted, That there bene more Memorialls received by this house 

from Mr. Treasurer Penhallow relating to accouipts of thi.s Province; but that he 

bring in the Province Accompts truly by Debt & Credit ; And that the accompts from 

the fifteenth of July last past be brot. in forthwith to us accordingly. 



1721.1 JOURNAL OF COUNCIL AND ASSEMBLY. 837 

A message to the board by Capt. Greeiiough w"^ tlic vote of y* 
liouse for calling home our Eastern souldiers, which was again 
sent down by Shad. Walton & Thomas Packer, Esqs. for amend- 
ment, [p. 219.] and then came another Message by Mr. Dennet, 
w"^ a vote Avhich was accepted and concurred with, and is as fol- 
lows: 

Dec. 1*' 1721. In the House of represen''. 
Upon the return of liis Excellency's letter(l) by the Express 
sent him in relation to the discharge of the souldiers at the East- 
ward, 

A'^oted, That the souldiei's be forthw"^ discharged, and that the 
ITouourable the Lieut. Gov"" is desired to send his orders for them, 
by Express, to come home by land, and that a vessel be immedv- 
ately sent with provision for their .subsistance home. 

Jas. Jatfry, Cler. Assem. 
In Conn : 
Eodem die. Concurred. Uich'' AYaldron, Cler. Con. 

The petition of Benj'* AYentwortli praying for a special xVct to 
enable him to bring forward a suit against Sam' Plaisted, Esq., for 
reasons mentioned, being read, 

Ordered that the hearing on said Petition be tomorrow at 10 
o'clock beforenoon, and that the said Plaisted be notyfied thereof. 
A message to the board by Mr. Dam, with the following vote: 
Nov. 30*, 1721. In the House of represen'^ 
Voted, That our vote past the 7"' October last past relating to 
suspending the Act of Dutys of Export & Impost be further con- 
tinued to the middle of March next, on the same former condi- 
tions, w'^'' conditions if not complyed w"" by the ]\Iassachusetts, 
then to be in force. 

Jas. Jaffry, Cler. Assem. 
In Council. 
Dec. l'*' 1721. Concurred. 

Rich'i Waldron, Cler. Con. 
Adjorned till tomorrow, 10 o'clock, A. M. 

(I) [From the Journal of the House.] 
Fryday Nov. 30, 1721. Copy of his Excellencies letter of ye 9br ye 29th, Directed to 
the Hoiible John Wentworth, Esq., Lt. Govr. of New Hami>shire : 
Sr. 

I reed your Express & if the Genl Court are of opinion yt it is best for the inter- 
est of the Province yt ye souldiers at the Eastwd should be discharged, I do hereby 
give uiy consent unto it. 

I am your humble servt. 

Samuel Shute, Boston. 
Wednesday, five of the clock afternoon. 



838 PROVINCE OP NEW-HAMPSHIRE. [1721. 

Pro: ]Sr. Ilamp'. 

At a General Assembly held at Portsm" 
by Adjournm' Dec'' 2<^, 1721, 
Present In Council, 
His Honour John Wentworth, Esq,, Lt. Gov"", 
Sam' Penhallow, ? tji^^^ Geo, Jaffry, ) -p, 

Mark Hunking, ^ ^^1^- Shad. Walton, I ^''^^' 

Rich Wibird, ? -p 
Thos, Packer, <, ^^^^• 

A ]\Iessag-e to the board by Capt, Gillman and ]Mr, Dam w* the 
three votes of Council for repeating £1500, postponing 1000"' and 
Emitting lOOO"' more (w"^'' were sent down on y^ 30* of y^ last 
month) without anytliing done thereon, -which said three votes 
were again sent down to lye before the house for further Consid- 
eration, 

Jotham Odiorne, Esq., Cap' Greenough and Mr. Dam brought a 
vote to the board whicli was concurred w* and is as follows: 

[p, 220,] In the House of Represents 

Voted, That iSIr, Treasurer Penliallow do fortliw"' gatlier in the 
Interest money due to tliis Province & pay one hundred pounds 
of it to Ids Excellency Gov"" Shute, 2d Xbr 1721, 

In Coun. James Jaffry, Cler. Assem. 

oed™ die. Concurred. ^ Rich'' AValdron Cler. Con. 

Mr. James Jeffry appeared at the board and humbly moved that 
the petition of the town of Portsm" signed by himself as attorney 
for s"* Town, and directed to the General Assem. and preferred 
the 20* July last, might be withdrawn. Ordered, that the Clerk 
Endorse the said Petition on file that no proceeding be thereon. 

R. AValdron, Cler. Con. 
Cap' Benj"^ AYentworth at the board to prosecute his petition 
preferred yesterday and Sam' Plaisted, Esq., (being notifyed) also 
appeared, and the matter being fully heard in both houses the fol. 
lowing vote was past thei-eon : 

[p. 221.] In Council. 

Voted, that the prayer of the petition be granted and that the 
petitioner have leave to bring in a bill accordingly. 

Rich'i AValdron Cler. Con. 
DeC^ 2", 1721. 

In the House of Represen'. 
Dec'' 2'', 1721. Read and Concurred. 

Ja^ Jaffry Cler. Assem. 
Then the said Benj" AVcntworth presented his bill to the board' 



1722.] JOURNAL OF COUNCIL AND ASSEMBLY. 839 

Entilled An Act To Enable Cap' BenjMVentwortli of Dover to 
bring- forward a Complaint at the next Snperionr Conrt of Judi- 
cature, ag*' Samuel Plaisted, Esq., which being read in both 
houses, was past to be Enacted, and was Enacted accoi'dingly by 
Signing and Sealing in presence of the whole Gen' xVssem. after 
which by the Leu' Gov" order the Said General Asseni : was 

Prorogued till y' 6"^ of Feb'->' 1721-2. 

Prorogued till y^ 27"' ]March, 1722. 

Prorogued till y« 1&^ April, 1722. 

Prorogued till y« 30"» April, 1722. 



Justices, <|-c., their Addresse to her Majestu, 1707. 

[Copied from "Addresses to the King:," in Secretary's OtiicOi p. 63.] 
XoTE. — Although the following paper is without date, yet it evidently he- 
longs to the period of Gov. Dudley's administration — about 1707. It was dis- 
covered b\' the Editor, bound up in a ISIS, volume containing " Addresses to 
the King," &c., arranged with papers bearing date 17.39-1742. It should be 
read in connexion with other " Addres.ses to the Queen " found on pages 349- 
352, of this Volume III.— Ed.] 



To THE Queen's Most Excellent Majesty : — 

AVee, your Majestie's most Loyal and dutifull .■^nbjoct.s, Justices 
of the Peace, Officers of the Militia. Merchants and Inhabitants of 
your Majestie's Province of New Hampshire in Xew Eiighind, 
inost huinbly acknowledge your Majestie's favour to this your 
]Majestie's Province in conferring the government thereof upon 
Colonel Dudley, a gentleman of approved Loyalty, courage and 
conduct, who during the troubles by the Rebel Indians, assisted by 
the French for some years last past, which have put this your Maj- 
estie's poor Province to a great Expence and constant hazard, in 
all which time, wee are witnesses of the indefatigable care, 
])ains and good service of your Majestie's said (iovernor in our 
Defence, as wel as pursuit" of the Enemy, and ease expence of 
our Treasnrv, soe that woe have not lost one village, but have 
removed our" enemies during all these troubles to a great distance 
from their planting and tishing, upon which they depend for tlieir 
support: all which is apparent and to the satisfaction of all your 
Majestie's good subjects of this your Majestie's Province. 

]?sotwithstanding"which wee are by the last S]iii)S advised that 
your Majestic is addressed by several persons unknown to us as 
wel as to this Province to remove our said Governor from your 
Majesties favour and his service here, by very false and unjust In- 



840 



PROVINCE OP NEW-HAMPSHIRE. 



[172: 



formations and reflections ; wliich wee most humbly pray maj' not 
obtaine Koome or beliefe in your Majesties princely Breast, to re- 
move liim from your Majesties Royal Favour, which wee most 
humbly and truly Represent to your Majestic will be to the Griefe 
and trouble of all your jNIajesties most Loyal subjects in this Prov- 
ince as wel as to our selves, who shall always live in a most grate- 
ful sence of your Majesties most princely favour towards us; And 
humbly Imploring- Almighty God for a continued Traine of suc- 
cess & victory for your Majesties Amies and the blessing and beu- 
etitts of the happy Union of the kingdom of Great Britlaine, 
Wee remaine yo"' Maj'"'" most loyal & Dutiful subjects 



John Walker, 
Clement Hughes, 
John Cutt, 
Richi AYybird, 
Sam' Alcock, 
John Janvrin, 
B. Gambling, 
Jacob Green, 
John Knight, 
George Jaftrey, 
Obadiah Mors, 
Sampson Sheafe, 
Moses Leavitt, 
David Lorrence, 
Tlio: Wilson, 
Wiuthrop Hilton, 
John Gilman, 
Robert Coffin, 
Jn" Low, 
Thom^ Tibbetts^ 



Rich'i Waldron, 
Geo. Vaughan, 
Thom^ Phipps, 
Ichabod Plaisted, 
Richard Gerrish, 
Theo. Atkinson, 
Theophilus Dudley, 
Shad" Walton, 
Nath' Hill, 
Josh* Peirce, 
Tobias Langdon, 
John Sherburne, 
Joseph Smith, 
Jonathan Thing, 
Joshua Wingett, 
Sam' Hart, 
Jeremy Gilman, 
Isaac Grean [?] 
Jn° Tut tie. 



END OF VOLUME III. 



INDEX 



A 



Abbett. or Abbott, James 424 

Jdbn 316, 4'Jl, 4-j;i, 566, 795 

,T(is(.|)li, 310, hostage 317 

W.ili r , 424 

Abercromb V, Capt 453 

Acailia. •....■ 339, 341, 343,366,453 

Ackeriiian. Steiihen 104 

Acts passed 6', 164, 228 

[^'ee Laws] for Military Service, 
261, 286; for pursuing tlie ene- 
my in Winter, 290; relating to 
troopers, 346; for a Free School, 
365, 534, 702, 808 ; Excise 819, 827, 
833. 

Adams, R-n'. Hugli 730 

Addresses totlie Queen, (see pp. 839-40), 
349,350; to Ministers, 351, 354, 
377, 415, 445, 452, 493, 507, 547. 
840; to tlie King, 576, 577, 628. 629 
Addiugton, Mr. Sec'y, 10, 37, 92, 108, 
141, 549. 

Adeawando — Indian 693 

-Eneas— Indian 545 

Agent to England 417. 419. 778 

Akerman, Henjaniin, 470, 528, 567, 636, 
641. 661, 811. 

Alcock, Job 207 

Samuel 97, 98, 840 

Eliza 567 

Allen. Dnit 814 

Alin, Th.aiias 607 

Alkin, I'atiens 91 

Mrs 241, 253 

Allbx, Mr. 23; Samuel, 65; Col., 69, 
70, 71, 74, 81, 82, 83, 122, 164, 272, 
275. 297, 305 ; death of. ."{55. 

Tliomas 355, 381, 415. 449. C.32 

Almery, Kobert 233, 423, 521, .527 

Alnis-House 463 

Aiuariscoggiu 693 



AmasecoTitne .543 

Aniazeen, Chr 341 

Ambler, John 427, 013, 616, 627 

Amesbury .54!) 

Amlen, John .714 

Amoslieag 424 

Andreu-i, or Andros, Sir Edmund 5 

Ann, Cape 495 

Annapolis 453, 552 

Ah-J<E, Queen, 251, 312, 354; Instruc- 
tions, 480; Warrants, 489, 548, 577 

Annexation to Massachusetts 45, 47 

Appleton, John 546, 549 

Samuel 546 

Armstrong, Capt 516 

Robert 800 

Arrowsick Island 693 

Ashurst, Sir Henry 125, 126, 139, 241 

Sir Wm 631,637 

Assembly dissolved 41. 6'-)7. ("O, 702 

Atkinson, Theo.,42, 48; i\lr. 55,57, 
60, 64. 71. 92, 93, 101, 111, 112, 
122, 128, 160, 229, 2.31. 247, 309, 
311, 318, 3-.'6, 3,59, .3911,410, 421, 
426, 433, 444, 461, 4(!2, 4(;s, 470, 
471, 472, 473, 498. 503. 507. .524; 
his claim, 527, .528, ,531, 537, 5:58, 
541. 563, 567, 575. 579. ,590, 600, 
604, 607, 615, 634, 641, 648; of 
the Council. 6.58. 6t,7, 685, 690, 
7t2, 717, 736, 743, 840 

Atkins, Patience IGO 

Auchmuty. Kobert 782, 785 

Austin, Capt 414 

Ayres. Edw 91, 285, 574, 717 

Mark 414,'423 

Nalhl 99. 137,140, 145 

l\lr 708 

Wm 422 



B 



Bacheler, Benj 429 , Bantield. Charles 795 

Kalhl ■ 429 Hugh 638,826,828 

Ball, Peter 795 John 826 

Bailey, Joseph. .^ 423,425 1 Saml 795 



842 



INDEX. 



Bank, Tlie 494,715. 729 

Baiikrupfc-y G'Jl, 708 

Barcoe, Nicholas 4-21 

Barnes, Thomas 95 

Bastbi-d, .Jacob 409 

Batchel'ler, Beiij 4(9 

Nathl -24, 28, 408 

Baxter, Mr G94 

Beaiie, James 342 

Belcher, Andrew 54fi, G'Xi 

Jonathan G37, t>.'i9 

Bell, S. U 64 

Bellomoxt, Richaijd, Earle, Lord, 
Gi>vernor,<!t;c.,62, 64. 66, 96, 97, loo, 
112, 116, 129; death of, 131, 164, 
4.6, .544. 

Bennick, Abraham, 322, 423, 427, 607 

Eeniiet. Henry 551, 574 

Berry, Janie.s 536 

Bevis, William 259 

Bickford. Beiij 551 

Eleazer 714 

James 007 

Joseph 714 

John 302, 550, 714 

Wi(lr)\v 424 

Jetliio 550 

Thojnas 550 

Bill concerning births, &c., 8 

Bills passed, 9; presented, 12; confirm- 
ing town bounds, &c., 17, 18, 22; 
as ented to, 41. 133, 134, 136, 140, 
153,158, 244, 249,300; of credit, 
430, 505, 564, 671, 688, 692, 814. 

Bl.ack, Israel 429 

Blackwell, \Vm 423 

l?l:ig-len. James, Lieut 2, 124, 230, 581 

Blake. I>niel, 409 

.Aloscs 408,429 

Philemon 4(i9, 4'J9 

Timothy, sen 408, 429 



Blath waite, Wm 27, 285 

Bloodv Point, 322; petition 549, 562 

t!lv, John 424 

Boat for the Fort 89, .359 

Spy 495, 598, 636 

Body, Benjamin 714 

Boniazeen — Indian 545, 093 

Books of Record, account of, 298, 336; 
of Law, 673; Book-debts, 619, 
(>23, 625. 

Boon Island .521, .527 

Bound lines, .548, 549, 562, 617, 618 ; com. 
to run, 619, 733, 750, 751, 767. 

Bracket, Joshua, 425 

Samuel 8-!0 

Bread, provided 29, 30 

Breton, Cape, 797, 801, 803 

" Breite," allowed 522 

Brian, Eliza 800, 803, 800 

Bridewell : 463 

Bridge, a 745 

Bridger, Jno., 62, 63, 115, 120, 3-33; com- 
mission, 334; memorial, 336, 337, 
716, 718, 748, 759. 

Bristol 5.58 

Browne, Benj 48, 407 

Jno 409, 429 

Wm 409, 429, 430 

Brownel, George 792 

Brunswick 700 

Bryer, Elisha 91, 297, 423 

Tlio 406 

Burchett, Mr 116 

Burnham, James 607 

Burnani, Jeremiah 427, 000 

John .607 

Robert 607 

Bunker, James 146, 147 

Burgess, Gov., 594, 597, 598, 002, 636, 037, 

055. 
Buss, John 352, 607; Rev. 614,741 



c 



Calcott, Jonathan .342 

Samuel, jr 342 

Calf, John 791, 793, 799 

Calledonia 69 

Galley. Uichard 406 

Gam hell, or ('anipbell, Duncan. .29, 30, 61 

Jolm. 248, 280, 309, 3 6, 343, 358, 404; 
Postmaster, .5.52. 
Canada Expedition, 375, 376, 378, 382, 
385, 86, .389, 395, 396, 403, 414, 415, 
478. 480, 493, 507, 517; captives iu, 
580. 

Caneston, James 406 

Carter, Jolm 551 

Caryl, Mr 658 

Cass. John 429 

Joseph 119, 122, 424, 429, 567 

Casco 698 

Case, Joseph 408 

Gate Mr. .574 ; James, 590 

Edward 638, 640, 647, 686 

Cellev, H.)ldridge 409 

Ghadder, Gapt 8,32 

Ghambej lain. Richard 298 

Chapman, Samuel 751 

Chart of Goast 691 

Cheshire 781 

Chesley, George 423 



Chesley, Ichabod, jun 607 

John 006 

Jonathan 607 

Jo.seph 607, 775, 804 

Lieut 321, 366 

Philip 427, 007,714 

Gapt. Samuel 284, 295 

Saml. jun 607 

Tho 42 

Chiles, Wm 407 

Clark, Jacob 423 

John 407 

Jonathan 400 

Josiah 400 

Clary, Williaui 714 

Clement, or Clements, Abraham, 99, 137, 
145. 

Job 2. 13, 20,43 

Clifford, Israel, sen 409; jr., 429, 813 

Jacob 409, 429, 727 

John 720, 727 

Joseph 720, 727 

Zacliariah 409, 429 

Cloyce, Peter 559 

Coates, Kobt 761,821 

Cobbet, Tho 24, 33 

Cochecho 97, 511, 551, .505, ,588, 793, 805 

CoFFix, Eliphalet 743, 745, 756, 757 



INDEX. 



843 



COFFIX, Pkter, of tlic Couiieil. 1, 3. 10; 
pasxim, -^0, 2-.>, L';!, 34. :!9, 40, 6", 
111, ll'J. \2-2, l:5K, -240, 2SS, 297, 321, 
3r.O, 390, 422, 469, 546; decM., 745. 

Robert 422, 423, 424, 425, 840 

Tristram 743, 745, 756, 7.57 

Cole, Robert 116 

College, llarv.ard 7G4, 70-5 

Collins, Henry 104 

Colman, Jabez 'M2 

Comfort, Samuel 69, 137, 140. 142 

Congress of Governors 399, 400, 4ki 

Conner, Cornelius ..425 

Connecticut 563 

Conspiracy, horrid 201 

Constables, names, 146; watch, 615, 627 

Cook, Elisha 682, 722; Dr. 752 

Cor win, Jonathan 546 

Courts of Judicature 4, 656, 666, 676 

Court-house 636, 736 

Council of war 346 

Counterfeiting 751, 797 

Cotton, Juo 91, 352, 409, 428 



Cotton, Solomon "^5 

Theophilus 352, 428 

Wm., 91, 142, 2-29, 230, 246, 248, 299, 
322, 327, 328, 368, 425, 558, 582, 683, 
685, 717. 

Cram, Benj 409, 429 

John 4-9 

Joseph 409 

Tho. 408,42!) 

Cranlicld, Gov -08 

Critchet, Elias, jun 606 

Cromell, John 6ii7 

Cromwell, Joshua 5" 

Cromet, John -427 

Crockett, Constable 274, 2S3 

Joshua •'^•W 

Richard 406 

Cross, John, 72, 95, 158, 274, 300, 343,411, 
446. 519. 

Cutt, John 534, 800, 803, 806 

Saml 634,636,840 

Cutts, Mr 326 



D 



Dam or Dame. Jno. S.'O, pas.tim, 600, 
604, tU7, 626, 641, 642, 6.58, 665, 077, 
680, 703, 704, 733, 753,722, 781, 8til. 

Moses 550, 801, 803 

panel, John 714 

Joseph 714 

Dartmouthe 490, 5n9 

Davis, Daniel 714 

David 607 

James. .57; Lieut., 60. 1.31. 132, 135, 
231 , 252. 2S4, 346. 394, 424, 426, 427, 
443, 44s; (.'apt.. 4(;t;. 4tl9, ."17, 537, 
600, 601. 602,(;iN, t;iO, 613. I'.IO, 621, 
634, 6.36. 645. 648, 658, 666, (ISO, 6X5, 
686, 690,704; Col., 707, 712, 714, 
731,735,755,765,772. 

James, jun 714 

John 714,74.3, 775, 804 

Joseph 607, 614, 6.52 

Joshua 607 

Moses 607; jun., 714 

Samuel 714 

Sargent 537 

Solomon 714 

Th<mias 187, 189-197, 298, 714 

Timothy 288, 654, 714 

Davison. Xkholas 421 ; Capt, 427, 451 

Dean, Thomas 8-4 

Debts due 44, 668 

Deerings, Clement 528 

Demeritt, Elv 607 

Denbow, Salathlel. . .517, 528, 664, 665, 714 

Denison. .John 672. 674 

Denn.-t. Ephraim 6.58, 680, 703,704,725, 
734.746, 753, 760, 763,768, 772, 783, 
j^nssim, 796. 

John.... 240 

Denick 781 

Deserters 740, 748, 751 

Dey of Algiers 116 

Divorce 278,280 

Doe, John 607 

Samps(m 606 

Dogs, ravenous 767 

Doloph, Richard 423, 585 



Dollof or Dollar 686. 7.30, 731, 737 

Dover commons, 115; select men. 125, 
274, 284; Neck, 3-'2. 343. 3.52, 365, 
390, 494, 549, 551, 561 ; meeting at, 
565, 582, 587, 606, 608, 612, 6 .9, 620, 
6.39, 642, 741, 745, 760, 819. 
Dow, Henky Capt., 6, 10, 17, 20. ,57, 60, 
64, 69, 71, 107, 111, 117, 131. 138; of 
the council, 229, 239, 240, 246 247, 

248, 252, 267, 268, 293, 321, 409, 422, 
490. 

Jabez 600,610 

Joseph 414 

Samuel 42 

Downing. John .550, 502, 579, 585, 586, 
648, 657, 724. 

Rich 550, 801, 803 

Downs, Thomas ^ ■ '!'•'' '^ 

Drew, Thomas 427, 714 

Driseo, Cornelius 6.07 

Drown, John 429 

Dudlev. Bvlev 422 

DUDLEY," JOSEPH Gov. 16.3, jHtssim, 

249, 260, 262 ; speech, 2^1. 2S2. 289, 
302, .303; salarv; 305,.30.s. 310, 314, 
328, 3.32, 333, 3,39, 340, .344. .•;5fl. 3,53, 
367, 372, 398. 40 1 , 418. 436. 454, 4()3, 
4K0, 490, 495, 497. .501. 510, 535, 
545. 5.55, 575, 578, 580. 606. 

Colonel 690, 691 ; Gov., 694 

Mr 730 

Theophilus 13, "3, 39, 60. M. 98. 100, 
111, 113; Mr. 121.150, 1.59, 160,231, 
235, 362, 390, 394, 427, 462, 538, 
543. 840. 

William 545 

Dulv. Philip 406, 714 

William 607 ; whipt, 743 

Duke of Malbrough 263 

Dummer, Jeremiah 509, 637, 780 

Dunbar, Col 75!) 

Durgin, James 427 

Dutch, Samuel 104 

Duties proposed 35 

Dymoud, Thomas 6 



8U 



INDEX. 



E 



Easman or Eastman. Sam, 530, 507, 04*, 
653, 058, CSO, 691 72G, 730, 731, 
772. 781, lr2, 785, 801, 8-24. 

Eason, Roben Capt 261, 262, 2G6 

Eastern Expedition 290, 294 

Eastwick. riieabant 98 

Eaton, Ephraim 414 

John 409, 429 

Edgerly, John 714 

Joseiih 714 

Samuel 427, 714 

Thomas 714 

Zachaiias 714 

Elliins, Garshon 246, 270, 555 

Ei^LiOT, Robert, of tlie Council, 1, 4, 
jinssini, W, 22, 23, 26, 28, .32, 40, 
44, 48, £5, 64.65. 84,85, 111, 118, 
119, 122, 123, 132, 231, 252, 259, 



277, 280, 316, .341, 359, 360. 362, 
370, 407, 422, 426. 461, 472, 491, 
4'.)6, .528, 538, 546, 602, 604, 605, 625. 

Ellis, t)r 5'2C 

Elwell, Elias 104 

Emerson, John 3,'',2, ,560 

Rev. Mr 6-13, 715 

Emons, Joseph -109. 429 

England, Stei)hen 406, 422 

E=(umbnit, — Indian rp.59 

Evuicluu, Aaron, Caj)t 149,278 

Exeter, petition of inhabitants 152. 295, 
343, 373, 382, 390, 393, 494, 610, 
619, 620, 745, 760. 782, 819. 
Expedition eastward,. 3.52; against Can- 
ada, 375, 376; to Port Royal, 442; 
Canada, 483, 485, 525. 



F 



Fabes, Jolin 24 

Fabyan, Jolm .5,50 

Farmer, John 164, 462 

Fasting and praver, day of. 273, 339 

Fellows, Wm. 357 ; Mr. 526, 553, 566, 590, 

641, 738, 790. 
Ferridge or Ferr)-, 53, 99, 125, 126, 322, 
347, 807, 814. 

Field, Mr 708 

FitifldorFvfiebl. Benj. 57, 119, 122, 140, 
141, 40S, 429. 

E<l\vai-d 342, 407 

John 342 

Jonathan 409, 4:-9 

Fillbrickor Philbro<ilc, Jon.alhan 429 

Thomas 6 

Fleet, from France 494, 497, 511 

F illet, Iclsnbod 714 

Footm,an, Benjamin 714 

John 714 

Joseph 714 

Thcmias 714 

Fort, (Wm. and Marv) 7, 8, 15 ; commit- 
tee to view, 22, 06 ; repairs of, 101-106, 



113, 1.30, 137, 242; men impressed 
for, 253, 2.56, 257,26.'!. L'6.-,, -j'.':). W2, 
311, 325, 330, .343. ;ir,:i, :i(io. .•;i;|. ,36.3, 
375, 381, 389, 396, 4:il. 4(;,l. 47:i. 47.5, 
494, 495, 408, ,502, 518. 525, 530, 584, 
596. 605. 635, 647, 665; boats, 736, 
740, 744; stop vessels, 804,711.832. 

Foulsham, J no 24. 28. .57 

]Marv ...234 

Nathaniel 406 

Peter 42.3. [471] 

Samuel 512, 513 

Fox, 742 

John 744, 749 

Freiith, Wm 406 

John 409. 429 

Frost. John 360, 619. 634 

Fkyer ok Fkyar, Kath. of the 
Council, 1. 2, 4. 8, 12, passim, IS, 
19, 32, 42, 53, 74. 

Joshua 245 

Furber. Wm. jun. 2, 6, 13. 24, '^S, .33, 40, 

57 ; I.ieut. 00, 246, 270, 322, .550. 
Furzer, Benjamin 759 



G 



Gallows 742, 746 

Gambling, Benj. ,588. 682, 687; Slierilf, 

719; 738, 761, 840. 
Garrisons, frontier, 10 ; at Dover, 56, 94, 
1,56,524. 

Garland's Hill 429 

Georgetown, (Mc.) 693 

Gerrish, John, Capt. 48, 56, 64, 92, 111, 
1.56, 235, 466. 

Paul, Capt 712, 778 

RrfHAKi>, 63, 390, 426, 434, 441, 458 
4G2, .506, 5111, 530, 5fi->, 577, nH\, 
Register, 589, 600, 605, 607, 615, 
6.30, 6.37, 641, 648, 649, 6.57; of the 
Council. 6.58, (M2, 667, 690, 751, 840. 

Riilianl, jun 682 

Tiniotliv. Capt., 514, 538, 579, 619, 
640, 642, 779. 



Giles, John 787 

Gillman, Edward 423 

Jeremi.ah 146, 147, 421, 840 

John. Capt., Speaker, 5, 6, i^, pas- 
sim, 187-196, 284, 346, 423, 427, 443, 
448, 466-468, 504, 528, 536, 648, 
6.52, 656, 680, 689, 703. 712, 722, 
731, 742, 7.53, 772, 775, 840. 
John, Lt. 648, 058. 667. 68ii. 703, 7.34, 
jMissim, 753, 760, 763, 772, 781, 
784, 787.* 
Nicholas. Lt. .346, 390, 394, 462, 469, 
536, 580, 595, 600, 619. 

Gleebland ,560 

Glidden 423 

Glovnes, William 714 

Goal, 87, 88, 583, 609, 617, 631; prison, 
635, 636, 656, 746. 



' Sometimes doubtful whether Lt. or Capt. John. 



INDEX. 



843 



Godfi-ev, James 40G 

Ootf, Col 752 

Goidon, Nich 105, 127 

Capt 453 

Gove, Ebenczer 400, 421) 

John 40S, 420 

Gosport 6_,'0, 778, 783, 78!), 802 

Gratlonl, or Groftbrt, Tho 49, 20G 

Mrs. Briclgrett 91 

Graham , Ed ward 714 

Grants of Land 151 

Graves, Francis .284 

Grav, James 551, 574 

John 007 

Greeley, Thorn 91, 297, 5G7 

Grecg, James n! 

Greenland, 5(32; bounds, 574, (521, G23, 715 



Green, Bartholomew 89; B, G31, 70l 

Capt 34G, 536 

Green K, Hexry, of the Council. 1, 4, 
10, n, passim, 18, 22, 34, 39, 44, 52, 
64, 72. 

Isajic 408, 429, 840 

Jiicob 408, 840 

Nathan 429 

Samuel 406 

Greenleafe, Daniel 319 

Stephen 795 

GreenoeorGreenough, Daniel. 537, 590, 
781, 782, 785 787, 8U5, 8. 9, 828. 

Gregg. James 764 

Grievances C75, G77 ; Ans to, G78 

Grirteth, Caleb .342 

Gyles, Capt 5U7 ; John, G93, 700 



H 



Haice, or Ilaies, Ebenr 817 

John ,. 817 

Richard '. 817 

Haines, Joshua 574 

Reuben 95 

Hall. John 24, 28, 33, 42 

Ivingsley 24, 28 

Capt 423 

Haman. John 104 

Hamilton, Andrew 29 

David 54, 117 

Gabnell 117, 118. 125 

Hampton, selectmen, 16, 19; town 
bounds, 19, 20, 21, 22, 512. 574, 
760, 782 ; petition of, 100 ; repre- 
sentative dismissed, 146, 229; riot 
at, 291, 292, 343, 390, 394; J'alls 
petition, 408, 409, 428, 430, 432, 
4.11, 452, 494, 514, 534, 54G, 549, 
570, 610, 619, 620, 709, 710, 732; 
new parish, 740, 774, 835. 

Hanniford. Jno 106 

Hannock — Indian 7i>7. SJI 

Hanson, Thomas 7 1 9 

Hart, Saml 421, 574, 590. 717, 840 

Harvev, Eliza. . . .88, 105, 470, 526, 537, 566 

HatchI John 42 

Haverill 3(i7. 549 

Havward, Hugh 557, 558 

Healey, Saml 4i.8, 429 

Heath, Nehemiah 429 

Hemp 63, 723, 725, 754, 782 

Hii-nder.son, Wm., sen 115 

Higginson, .lohn 546, 549 

Hill, Brig.-Gen 493 

Nath., 64, 85, 92, 94, 106, lit 133, 
151, 15G, 159. 229, 231, 247, 248, 
264, '266, 270, 274, 305, 320, 346, 
390, 4j1, 425, 462, 471, .5.37, 605, 
608, C12, 613, 626, 639, 682, 840. 

Saml 607 

Valentine 607 

William 714 

Hilliard, Benjamin 409, 429 

Timothy 131, 132, 138, 408 

Hilton, Mrs. Ann 456 

Maj., 284; Lt. Col., 315, 317,321, 
325, 330, 331, 346, 422, 423, 424, 
426, 456, 840; Richard, 99, 102, 
450; garrison, 528, 537, 8o7, 815. 



HixcKES, JoHX, of the Council, 1, 2, 

4, 2)assim, 65. 77, 84, 85. 89. 90, 92, 
95, 111, 119, 123, 142, 1.54, 155, 203, ■ 
206, 230, 241, 258, 274, 296, 300, 
411, 489, 519, 642, 790. 805. 

Saml 756, 766, 773, 775 

Hix, Joseph 714 

Hobbv, Sir Charles. 453, 631, 632, 661, 
664. 682, 722, 730. 

Hodge, Ben,) 406 

Hogsdon, Alex 550 

John 5.50 

Holt. Ephraim, 429 

William 5.50 

HolhuKl. Elizabeth 272, 277 

Thomas 272, 277 

Hoo<l. Jo.-^eph 104 

Hooker, .John 641 

Horn, Joseph, 81 ; Capt 241 

Horses, bill for restraining, 17, 26, 53, 
805, 806. 

House, members of. 501, 510, 539, Gl'I 

Court 617 

Houses, publick 51, 617 

Meeting at Cochecho, 565, 582; at 
Portsmouth, 573, 729 ; at ]>over, 587 

Licensed, 623; tippling .818 

Hoyt, Ephraim 409 

Hues, or Hughes. Clement, 634, 748, 
773,781,793, 821, 8?0. 

Hueson, John 550 

Huggins, Robert 607 

Hull, Walton 654 

HuxKlN or HUNKISG. Mark. 13, 139, 
199, 270, 277, 295; Caiit,., 290; 
reiireseutative, 390; speaker, 391, 
41(t, 422, 425. 426. 434; of the 
council. piis.<im, 461, 472, 173. 489. 
490, 491. 4'.W. 499. 528, 5-33; .justice 

5. C, 534, 536, 538, 546. 54:i. 5G2, 
572, 574, 581, .583, 585, 588, .592, 
599, 602, 619, 626, 6.35, 648, 686, 
693, 712, 736, 745, 747, 749, 776. 

Htmking, Wm 795 

Huntoon. Phillips 342 

Huntris, Geo 5.50 

Saml 5.50 

Hussey, John 2 

Hutchins, Timothy 420 



846 



inde: 



Imbargo or Embargoe 373, 435, 479 

InipDSt on lioM.rils 6 

Imliaus, {K. IMj, 1118, 102; eneravin force, 
287, iisii; siiuaw, 341, 34C>; scalp, 
366, 386; at Martha's Vinevanl, 
441; at Ovsfer river, 443," 462; 
bounty for'killing, 477, 479; 509, 
511; treaty, 539, 543, 546, 569, 
573, 603, 693-701, 709, 787, 826, 8-?9 

Ingham, Miy 123 

Iimuina,n severity restrained 16 



Instructions 440, 813 

Intestate estates 14 

Ipswich 546, 829, 833 

Ireland 705 

Iron- works, 759 ; ore 707 

Island, Boon 521 

Isles of'siioales! "m.'sig,' 465" 617," 646, 

775. 776, 778, 782. 
Iteansis — Indian 545 



Jackman. Richard 470 

Jackoid — Indian 545 

Jackson, Ephraim 795 

James 607 

John, 233; jun 084, 795 

Joseph 233, 341 

AVilliaiu 427, 007 

Widow 574 

Jaffbey, Gko., 24; speaker, 28, 33, 
119, 122, 202, 207, pa.-^sim ; 237, 
204, 267, 277, 282, 309, 317, 318, 
330, 434, 444, 461, 40^;, 472, 490, 
499, 503, 504, 507, 528, 538, 541, 
562, 563, 574, 575, 579, 600, 608, 
636, 640, 648, 657; of tlie Council, 
658, 606. 690, 702, 707, 712, 717, 
736, 747, 769, 840. 
James, Capt., 617, 526, 626, 034, 
636; Mr. 640, 712, 800, 814; clerk, 834 

Janvrin, Jolin 840 

Jenkins, Joseph 714 

Stephen 714 



Jenkin, Rowland 91 

Jennings, Francis 248, 293, 319 

Hezekiah 743 

Jennis, Richard 801 

Jesuits 66 

Johnson, Eben 623 

James, Ens 322 

Joseph 574 

Jones, Abraham 795 

Benj 406 

John 406 

Joseph 606 

Steph., 390, 427. 462, 579, 605,606, 
612, 613, (26, 635, 682, 686. 714. 

Jordan, Samuel 693, 700, 761, 787 

Jose, Rich., 42, 44, 47, 132; sheriff, 146. 

229, 231, 240, 285, 286, 299, 305, 380 
Hannah, widow, 422, 708, 784, 780, 
800, 802, 813. 

Joseph — Indian 545 

'•Journal of the House," 402 



K 



Kate, Edward 424 

Keais or Kense, Saml, 0, 48. 57, 00, 02; 
Keis. 143. 145, 230, 232, 270, 277, 
328. 390, 462, 579. 

Kennebeck 093, 698 

Kenniston, John. . . .723, 724, 742, 744, 74:i 

Kent, John 714 

Joseph 714 

Robert 714 

Killing Indians and Negroes 16 

Kincaid, David 007 

Naphtali 007 



Kixa Geokok 093-700 

Kingstown or Kingston, 307; send a 

representative, .309, 465; 511, 520, 

521, 549, .555, 568, 610, 617, 619, 

655. 720, 734. 774. 775, 778, 786. 

Kisebenuit. or Kirrebennit — Indian.. 545 

Kittery Neck 322 

Knight. John, 91, 322. 425, 470, 530, 
550, 507, 708, 801, 803, 840. 

Nathan 288. 5"0 

Robert 427 



Ladd. Ezekiel 400 

Nath 407 

Lanipire or Lampree, Benj 422 

Daniel 4i)9 

Henry 400 

Lamprile river 700 

Lancaster ( .Ms. ) 290, 294 

Lane, Wm., 91; Capt 701 

Lang, Robert 91 

Langle, James 714 



Langdon, Capt 346, 424 

Tobias, 684 ; Capt 085, 6^7, 840 

Langrnaid, Henry 95 

Joseph 5S4 

Lanster. Henry .550 

Larans, Lawrence or liorrence, David. 
42. 242, 840. 

Latin schools 304 

La vers, Jacob 471 

Latou or Leightou, Thomas 97 



INDEX. 



847 



Laws, boily of, 113. 117; disnllowod, 
2>>5; to be printed, 500, (il^, 61.5, 
G:J1, G35, G53, G70. 683, 734, 738, 
7G->, 76-1. 

List of 1G4-228 

Ko. 1. For support of tlie goverii- 

iTieiit 164 

2. Pruilonfial atlUirs of towns. ..167 

3. Defraviiit: ])ubli('k charges. . . .168 

4. Ite^'uiatiiig Weights »& Meas- 

ures 173 

5. Allowance to Representatives,17o 

6. Shipi)ing Horses without en- 

try 17.5 

7. Lawsuits above £20 176 

8. Kegulating cattle, corutieWs 

»S: fences 176 

0. For settling the Militia 178 

10. For establishing Courts, &c.. .18.3 

11. For killing of wolves 187 

12. To prevent the profanation of 

Lord's (lav 1S7 

13. For constables to collect rates, 187 

14. For raisitig money to support 

Government, &c 188 

15. For sujiport of the Ministry. .189 

16. For settling a Post ottice 190 

17. ]{elating to corntields & 

fences 192 

IS. Concerning marriages, births 
& burials 193 

19. For people scrupulous in 

swearing 193 

20. To i>ay for copies of the Laws. 194 

21. To prevent concealing Estates 

from Assessors 194 

22. For raising money for Govern- 

ment, &c 195 

23. Constables obliged to collect 

rates 196 

24. Settling Intestate estates. &C.196 

25. Establishing a Revenue. &c. .198 

26. For encouragement of Post 

office 198 

27. For acknowledgment of Deeds 198 
2*. Against Gaming 199 

29. Altering the Sessions of the 

Supreme Court 199 

30. Restraining inhuman severi- 

ties 200 

31. To prevent seamen neglecting 

theirduty 200 

32. Taking the oath of allegiance, 

cVc 201 

33. Cutting down trees on lands 

without fence 202 

34. For providing a Prison 203 

35. Encouraging the weekly Post,203 

36. For defraviiig the public 

charge . .". 203 

37. To prevent damage by horses, 204 

38. Linutingthe nuni her of houses 

of entertainment 205 

39. Relating to E.xci.se 205 

40. For security of Records 206 

41. For i)roviding a Prison 206 

42. Raising money for Govern- 

ment ' 207 



43. Care of wounded soldiers 207 

44. Ferrv between Portsmouth 

and New Castle 208 

45. Impostand Excise 2ii8 

46. Concerning marriages, births 

and burials 209 

47. For holding the Court of Com- 

mon Pleas 209 

48. Relating to Constables .209 

49. Preservation of highways. . . .210 

50. For duties of Custom, Excise, 

&c 211 

51. Regulating fees 211-216 

.52. For flurors, &c 216 

53. Establishing (.'ourts of Justice,218 
.54. Keeping the Lord's day 222 

55. Against adultery and polyg- 

amy 224 

56. Trespassing on Town com- 

mons 225 

57. Bounds of towns defined 226 

58. Confirmation of Town grants,22S 
Leavitt or Levett, Uenjanun, 284, 406, 

421, 756,757. 

Daniel 406 

Ephraim 4U6 

Moses, 13, 3.3. 64, 99, 112, 121, 231; 

Jr., 407, 840. 
Lieut. Samuel, 2, 42, 57, 60, 81, 246, 
270, 406. 

Leach. James 243 

John 775 

Leathers, Willm 607 

Lee 423 

Leighton, Thomas 550 

Letter from Lt. Gov. Usher, 37 ; Lt. 
Gov. Stoughton, 37; Gov. Bello- 
niont; 96; answer to, 100-102, 
110; to Jehn Bridger, 120; from 
Sir Henry Ashurst, 125; from 
King \Vm. 1.30; Gov. Dudlev, 
302, 353; to Gov. Dudlev, 373, 
392, 397, 399, 401, 417, 4.i5. 440, 
4.58,479; to the Govr.. 482, 4.88, 
492, 494, 500, 505, 506, 535, 538, 
578 ; Gov. Shute, 752. 

Leverett, Mr 1-59 

Libbv, James -319 

Libel TI3 

Liford, Francis .382, 422 

Line between the Provinces, 32 1 , .548, 
621, 625, 626, 629, 632, 633, 755, 
769, 779. 

Liteman, Joshua 423 

Livingst(Ui, M;ij 453 

Loe, Ensign 319 

Longfellow, Constable 824 

Lord's day HI 

Lorrence, Joseph 407 

Loud, Wm 421 

Lovell, Splan 421 

Lovett, Splau 91 

Low, John 840 

Lucas, Mr 316, 317 

Lucey, Benj am in 6S4 

Ivunt. Skiii|iur 424 

Lyude, Benjamin 546 



848 



INDEX. 



M 



MacGregore. James 771, 

jMacKeen, James 

Man, Peter 

IVIanson, Sauniel 423, 

IVIaich, li-vuel 424, 

Maiden, John 684, 

Jlardyn, Thomaa 

Mariners 

Marshal, George 

Marston or Maston',Epli. 48, 55, 390, 422, 
425, 427, 462, 464, 504. 567, 610. 
625, 038, 040, 646, 648, 652, 655, 656. 
658, 062, 663. 

MartliaV Mueyard 

Martyn, Kiclianl 2, 8, 

Conunodore 

Ma.sarvy or MLsharveye, Clemet 

Daniel 

Edward 

Massacliusetts, 572; offended, 575, 585, 

624, 630; 693. 
Mason, Mr 272, 

John 

Jonathan 

Peter 

Mathes, or Mathews, Abraham, 714: 
Cajitain, 081, 683, 686, 713, 714. 

Benjamin 

Francis, 427, 468; Ens., 536; Jun., 
Mead, or Meads, John 407, 

Joseph 781, 



70S 



Mead, Nicholas, 750, 775, 777, 7,*1, 7S4, 786 

Meader, Joseph 613, 610, 627 

Melcher, Sam 429 

Menzies, James 119, 122 

Merrimack river 755 

Miller, Alexander, 424, 470, 477, 526, 
536, 566, 836. 

Mills, Richard, Doct 230 

Mill dam 716, 717, 729 

Milton, Benj : 738 

Ministry and Schoolmasters 11, 515 

Ministers, Address to the Queen :>51 

allowed a servant, &c 523 

at Portsmouth. .560 

at Oyster River. 606 

Minot, Mr 700 

Slogasheens and shoes 290 

IMontess, James 82, 85 

Moody, Capt. Saml. . . .751 ; Just., 802, 821 
Moore, or Moor, Capt. Wm. 2, 406, 648, 733 

Morgan or !Morginn, Abraham 406 

John 429 

Richard 406 

Morris, Salmond 301 

Morss, Obudiah 421, 523, 840 

Morton, Charles 658 

Moulton, Joseph 13 

Robert 570 

Mount Royal 386 

Montreal.'. 454 

Moxus — Indian 6"J3 



N 



Nantasset or Nantaskett 306, 385, 453 

Narahamegock 543 

Nason, Richard 551 

Nevis 5r,H 

Newbury 769, 835 

New Castle, 296, 299, 381, 388, 390, 494, 

608, 619, 620, 627, 629, 636, 637, 647, 

717,719. 743; bridge at, 756, 759, 

767, 775, 789, 816. 

New Foundland 4,80 

Newichawaiiock 133 

Newington. 502: bounds, 574, 586, (00 

620; 715,724, 801. 
Newman or Numan, Henrv, Jlr. 412, 

413, 417, 476; letter from, 832; 

instructions to, 508, 681, 779. 

Thomas 104 

Newton, Thomas 81, 82 

New York frontiers 130 

Nicholson. Col. 378; Francis, 384,412, 

413, 4:!0, 437, 443, 444, 445, 453, 478, 

493, 505, 509, 571, 631. 



Noble, Lazarus 342 

Nock, James 606 

NorridgwackorNorridgawack. 315, 317, 

321, 361, .543. 

Norris, Jonathan 406 

Northlield? 055 

Norton, Bonos 119, 122, 409, 429 

Norway, James 91 

Nottingham 252 

Nova Scotia, 290, 339, 341, 343, 36f, 415,—^ 

445. 453, 797. 

Newell, Mr 663, 701 

Novce, Col 492 

Noves, Thomas 546, 549 

' Oliver. Dr .552, 682, 7'.'2 

Nudder, Joseph ; .714 

Numan or Newman 104 

Nutlield 765, 770, 777, 798 

Nute, Henry 550 

Nutter, Hat'evil , 5,W 

John .550 







Oaths refused to be taken 2 

to whom administered 6, 23 

form of. ; 202 ; 661 

Odiorne. Jno 91 

Jotham 425, 579, 581, 590, 6.58, 671, 
680, 684, 704, 707, 722, 736, 742, 
743, 748, 753, 772, 775, 778, 781, 
788. 820. 

Nathl 424 

Orders of the House, 67; of Queen 



Anne, 285; respecting marriners, 
312; respecting youth, 524; «f 
his Miijesty respecting powder 
monev, 764, 765. 

Otis, Richard 352 

Susanna 352 

Oyster River, soldiers, 3, 358. 366, 394, 
443; 588, 606, 608, 612, 613, 614, 
610, 020, 020, 034. 635, 638, 639, 
081, 713, 714. 728, 7.30, 741. 



INDEX. 



849 



Pacification with Indians -MS 

Packer's bii<lge 571 

Paclier, Capt., 16, 17, jiassim ; Thom- 
as, 259, 278, 284. 285, 301, 321, 
341 , 343, 340 ; Col. .375, 422, 431 , 4(i8, 
527, 551, 553, 558, 56fi, 5(i8, 5!)0, 
639, 641, 680, 685, 689, 703, 704, 
736,7.38, 742. 763; of the COUNCIL, 

768, 773, 783, 79J. 

P.age, Francis 91, 23) 

Palmer, IJeiij 407 

Josepli 235, 240, 244 

Tliomas 800, 805, 823 

Pari-shes, power to tax . ■ 561 

Partridge, Treas 51 

Lt. Gov.. 54, 64; Wm., 77, 80,84, 
91. 91, 111. 119, l-2->. 125, 139, 142, 
163, 164, 267, 269, 298. 316, 421, 
426, 470, 471, 532, 594. 617. 
John, ■ 8, 91. 125. 126, 208, 245, 297, 
299, 423, 426, 433, 624, 626, 738, 768. 

Ricliard 469 

AVru..,nin 101, 421. 516, 5s2 

Pastor, Ciipt 4.53 

Paul, Moses 423 

Pearce or Peirce, Abel 550 

K.lwanl 551 

George 684, 6S7, 821 

Joshua. 98. 146. 147, 566, 574, 680, 
690, 703, 704, 712, 753, 763, 768, 

769, 783, S25,— passim, 840. 

Thomas 423, 5:57, 684 

Lieut 319, .537 

Pemaqui<l *jy8 

Pesh.^llow, Saml.. 64; Speal^cr, 66, 
85. 89, 91, 92, 108, HI, 133, 143, 
145, 160; Recoraer. )6l. U;2: of 
tlie Council, 22:i :'■■■>. - '•-■ '-■'■. l^l', 
242, 249. 261. -''•'•. -'7:. i--, -'.i.', 

2'.m;, 29S, .300, 311, .ws,;; ; ;, :..';, :;:o, 
399, 401, 410. 414. 421, 426, 43.3, 470, 
476, 4«9, 507, 514, 525, 527, .533, 
542, 546, 553, ,563. 566, 572, 5s5, 
599, 604, 013, 620, 629, 634, 081, 
685, 693, 702. 706, 747, 752, 758, 
761, 769, 776, 8.36. 

Pennicook Indians 110, 543 

Penny. Uenrv, 53; Cant., 90, 167,203, 
"206, 298". 

Penobsot 003 

Pepperell. William, 11 ; Capt 528, 537 

Perkins. Uen,j!uuin 409, 429 

Caleb 429 

Sanil 607 

Perrv, llich 82 1 

Peters. Andrew 550 

Pett, John 406 

Petition, of Tfampton, 100; of Masters 
ot eoastins vessels, 104; of David 
Hamilton, 117, 125; ofinhabit.-nits 
ot'Kxeter, 1.52; of Hampton, 2:^9; 
of Thomas Holland, 277; of sloop 
men. 287; of Saml. Allen, 297; 
of Quamscott, 405; Hamilton 
Falls, 408, 428; of John Par- 
tridge, 4.33 ; of John Cross. 446 ; 
ofNathl. Weare, 514; of W'ra. 
Partridge..iun.,516; of Kingston, 
520; of Edward Toogood, &c., 
,521 ; Bloody Point, 549; of Thomas 
Waldon, 557 ; of Sam. Pcnhal- 

51 



low. 569; Jos. Smith, .570; .Simon 
Wiggins, 580; Oyster Kiver, 606; 
Josh. Weeks. 62i"; James JallVev, 
6:!5; Capt. Matthews. 682; Cieo. 
Piene, 683; Tho. Pierce, 6s4; 
(i\>ter River, 713; John Buss, 
711: .Sauil. Cliapman, 751; Mr. 
Htiglies, 773; Geo. lUownel, 792; 
Caii^t. Pickering, 794; of Nut- 
tield, 798. 

Philbrook, Klias 513 

James. 321; Lt 346 

Jonathan 409 

Tho 429 

Phillips. James. 72, 95, 117, 121, 137, 154, 
156. 2:$9, 274, 300, 584. 

Phipps, Sir Wm 20, 484, 544 

Spencer 545 

Tlieoph 91 

Thom:is, 292, 315, 320, 322. .323, 341, 
34.'; Capt.. 316; Mr., 360; Sher- 
iff, :i94, 412. 421, 424, 425. 469, 470, 
527, .5:37, 567, .571, .5S0, 590, 593, t'.15, 
017, 630, 611,64.S. 651, 661, 689, 690, 
737, 750. 800, 805. S07, 840. 
Pickering, Capt. John, 2, 3, 0, 10; 
Sp.'aker, 13. 24. 28. 30, 32, 33, 39. 
40, 43, 48, 49, 57, 60, 64, 81, 87. 91, 
112, 137, 138, 197, 203, 206, 229, 
231, 232, 246, 248, 270, 29S, o(>5, 
319, 353, 359, 360, 369, 381, 422, 
(:fd) ,5,50, .558, 645, 083, 707, 717, 
729. 731,794, 795. 

Thomas 574 

Pigwackett 424, 543, 693 

Pike. John 352 

I)r 563, .567,641,821 

Pindar, Benjamin 7U 

John 318 

Sarah 318,714 

Piper, Samuel 400 

Pitman, Francis 007 

Plaistei), Joii.v. 13, 24. 28, :>i, 39, 40, 
42, 48, 50, 57, 60, 62. 64, 85, 87, 
110, 111, 112; of the Council, 2j9, 
2:52, 248, 249, 277, 288, 297, ;i05, 
309, 321, 322, 330. 302, 370, ;;91, 426, 
iSi, 461, 472, 480, 486, 499, 503, 
507, 528, 533, 5.38, 540, 546. 549, 
563, 581, 583, 585, 588, 034, 658, 
(i69, 680, 687, 840. 

Ichabod 91, 92. .546 

Samuel ?37, S3i 

Pollv. Kdward.. .297, 319, 521, 528, 766, 775 

Thomas 403 

Mary 56:> 

Poor. Edward 104 

Portsmouth, selectmen. 8; Indians at, 
162, 343; Latin Scliool in, 3<>.5, 
.390, .394, 4.34, 463, 512, 541,. 551, 
5.5«, .560, 561, 569, 573, 574. 581, 
5S7, 617, 619, 020, 0;«. 636, 64.3, 
646, 673, 684, 68.5, 715,718, 729, 
7;i. 767, 783, 786, 801, 802, 813, 
814, 816. 
Port Uoval. 200; Expedition. 344, .301, 
4:55. 4.37, 442, 444, 445, 447 ; Captain 
of. 4.53, 457, 460, 468, 478, 509. 
PostOtlice. 11, 18, 29, 30. 01,248,247, 
281. 309, 316, 343, 358, 496; Post- 
master, 805. 



830 



INDEX. 



PotHo. Clia 4n<) 

(.'lii'isto]>her 12-2 

Pouml in every town 178 

r.ivev. Maj. Gen lioO 

Povv.ier moiiev 128. i:W. 14!) 

house SO", HI 1 

Prav. Jlr.. S02; John, 813, 814, 820, 822. 

Pret^pntt, James 19,20, 408, 409. 429 

Jonathan 429 



Pre.=cott, Nath 400. 4?9 

Pfiwni, location 49, 53, 88; reiiaiis, Ttil 

Prisoners, French 258, 27.3 

Privji tecrs and Pirates 76. 86 

Proclamation lor Publick Fast 3.39 

Thanlisgiving 438 

Puddlestones Island 693, 699 

Punierv. Rich 550 

Purniott, Hannah 92 



Q 



Quakers .311 

Quauiphegeu 1 15 

Quaniscott 405, 40T 

Quel.eck 290, 454, 485, 509, 562 

Queen ANXE, 251; Order. 285. 312; 

address to, 328. 354. 377, 415, 418; 

439, address to. 445, 452 ; 480, 493, 

50", .547. .576, 83Zj Instructions, 

4S1. 484. 4S6. 



Queguaroonianit, — Indian 693 

(^)uei.t, Jiio 550 

Qnerenebuit. — Indian 693, 699 

(iuinsey. Edmund 545. 693 

Quota of men to be furnished, 131, 149, 
481, 483, 484, 486. 



R 



Ralle. Sebastian 690 ! 

Kand, John 714 

Kates iiroportioned, 203, 207 ; rate of 

interest 685 

Eawlins, Benjamin 4o7 

James 550 

John 607 

Samuel 55t) 

Eawlings, Jo.seith 5.50 

Heading, Col 453 

Records of Province, 52. 86.89; miss- 
ing. 298. 330; 721, 758, 761, T9S. 

Kedf >rd, Elisabeth 94, 95, 237 

Wiliiaui .32, 199, 298 

Kednar)i>. Capt. 311 ; Col. 3.59, 46:i. 473, 530 
Kedujan, John, 13, 42, 48, 50, 235, 240, 
244,711. 

Keed or Kead, John 91 

Hugh. 423. 6.58. 680,686; Capt. 704, 
725, 733. 735, 736, 742, 743, 746, 748, 
753, 760. 763, 765, 782. 

Kolwrt 429 

Tliomas 406 

Kenimick, Abraham 528 

Eeudle or Kandall. James. 13, 24, 28, 
64. 82. li)8. 109. Ill, 134, 231, 299, 
401. 425. 462. 499, 526. 

Nathaniel 714 

Eenalls. John OO" 

Eenholds. Job 607 

Eep.irt of Committee on Accounts 525 

Ee venue. Bill for 14 

Ehode Island 399, 400, 563 

Eichards, Benjamin 550 



Kichards, Joseph 5.50 

Eiehnionil's Island 495 

Kiddle, Capt 453 

Eight, Narhl 470 

Kincs. or Kaius, Henery 714 

Thomas ". 7 14 

William 714 

Riot 94, 806. 816 

Eiver, Pi.scataqua 101, 102, 104 

JMerrimaek 543 

St. Jolms ,543 

Roberts, John 407 

Robinson or Eobison, David 407 

Jonathan 407 

Matthew 691 

Robv, Thomas 24, 28, 140, 141, 246, 248, 270 

Rociifort. Capt 4.53 

Rogers. Daniel .546. 5.56. 672, 674 

Nathaniel. Blr. 266, .3.52, 541 ; Rev., 
560, 643, 684, 715, 729, 758. 

Rolins, Joseph 407 

Moses 407 

Thomas 407 

Romer. Col. 106, 109. 255, 256, 263, 282, 
283. 299. 302, 307. 

Row. Edward 551 

Thomas 550 

Roxburv 458 

Runlett, Charles 407 

James 406 

Owen 40!i 

Satchell 406 

Euwrcll. Eleaz.H- 612, 635 

Rymes, Samuel 911 



Sabbadi.*.— Indian 693 

Sac. 424 

Sidarv of Governor, &c 251, 2.55, 260 

Sali-bury, lines, 281; town, 415, 549; 

cimstable 8.35 

Sandy Point 123 



Sanborn. Benj 409 

Enoch 409, 429 

Jonath::n 421, 422. 520 

John 4j9, 619 

Joseph 408,429 

Josias 33 



INDEX. 



831 



Sanlwvn, Nathaniel 409 

NVilliaiii 409,429 

Sandius Point. . . 759 

S:iiis\v<ioil, .James 104 

SaisriMit. Kdwaid 470 

"Willijuii li'4 

Sarumbaiiet, — Iiuliau 701 

School, Latin in Fortsniouth. ;'.(U; 
Grannuar, 3C5, 718, 799, 802; in 
Hampton, 570, 64G. 

Schoohnaslers and ministry 11, 305 

Scollev, .lames 749, 750 

Scott, "Klizabeth 292 

Scouts 253, 290 

Sea-const, suvvey of 700 

Seal of the Province 80 

Seamen 19 

Searl, .lohn 5,!7 

Seavev. Hi nj 425 

Sewall, Samuel 540, G9.i 

Shacktind. Samuel 424, 537 

William 550 

Shaw, Benj 140, 142 

Caleb 409,429 

Koger 140, 142 

Samuel 246, 270, 409, 429 

Sheate, Sampson C5, 83, 85, 86, 90, 840 

Slieep 74G 

Slierbouin, Henrv 773, 781, 793 

.Jolrn 775, 788, 803, 804, 8l6, 840 

Sherlott, Franc 584 

Shipiierd, Samuel 303 

William 429 

Sho[)-keei)ers 144 

Shortridge, Uichd 795 

SllUTK, SAMUKL Col. 037,052,0.55, 
(;.-)8 ; jMissini. 000, 064, 669, 670, 681 ; 
comiiens;ition, 688, 691; Speecll 
against Lt. Gov. Vaughan, 705, 
7 1 :!, 717, 720, 7.35, 752, 76s;, 829, 837. 

Sias, .lolni 007 

Sim|is<ui, .Jona 007 

Skiilen, .Jolin 6H4 

Samuel 406 

Sloper, Itichard .531 

Sloi^er. l':iiza 786, 787, 811 

Henrv 786, 811 

Smal. Joseph 790 

Small-i>ox 746 

Smart. Kobert 312 

Smith, Lt. .lohn, 2, 24, 28. .57, 00, 04, 90, 
96,111, 113,115,117.126,131; Esq. 
3.58, 302, 369, i'l", 007. 
JosF.Pir, of the Council. 44, 70, 82, 
84; paaxim, 204, 267, .321, 340. :)'.H), 
4011. 422. 423, 426-441,461-472, 494, 
.526-.553. ,500. 579. .585-000, 015, 620, 
0:!0, 040-048,089,703,707, 710, 711, 
712, 721,733,840. 

Israel 407 

Ithiel 406 

Samuel 714 

Theophilus 423, 425, 409 



Snell, John 91, 92, 423 

Samuel 92 

Snickler, John 40C 

S!io\v-shoes 427 

Soldiers, belonging to Massacluisetts 3, 
24, 25, 20: sent for, 34, 36, 39; 
maimed 39, 53; number to be 
raised, 481; eastward, 820, 831, 
837, 

Soutback, Capt 453; Cyprian, 76C 

Speeches, bv Lt. Gov. Usher, 33, 42, 40, 
267, .325, 385, 385, 391, 394, 443, 478, 
484, 486, .501, 511. 593, 598. 

bv Earl of Bcllomont 60 

bv <iov. Dudlev, 271, 282, 289, .303, 
'314, 333, 339, 341. 3.57, 367, 371.374, 
420, 448, 402, 530. 
bv Lt. Gov. Vaughan. 601. C30, 6.32, 

'049, 702. 
bv Gov. Shute, 059, 077, 680, 704, 
"719,723, 739, 740, 753, 764, 772, 
791, 797, 808. 
bv Lt. Gov. Wentworth, 720, 809, 
'822, 829. 

Speed, Tho 400 

Spcnlow, Phillip 406 

Spencer, Capt 748 

Siiuiimscolt 123, 405, 621, 623, 0-27 

Stanhope, (;cn 037 

Stanvan, Jacob 429 

Starr Island .320, 465, 581, 020 

Slate House 7.35 

Stephens. Samuel 104 

Stevens, ^allil 407, 471 

Stevenson, Abraham 714 

394 

Bartholomew 714 

J..seph 714 

Stileman. Elias 175 

Stiles, Wm 778, 782. 78,5, 791. 792. 793 

Storv, Charle-s. Secretarv, 70, 81, 86, 87 ; 
" passim, 96, 105, 111, 113. 120, 132 
139, 246, 283, 342, .353, ,360, .375, 410, 
420, 503, 527, 553, 507 ; deed. 590. 

Elisha 799 

STOUGiiTOX, Lt. Gov ."6. 37 

Strathani 7S2 

Stvleman or Stilem.an, Elias, 2, 0, 2>, 
' 30, 32. 

Survey of Merrimack river 755 

Suhiiwannick river 115 

Supcrcast, Mons 4.53 

Swaine or Swavn, Caleb 429 

John " 429 

Roger 422, 409, 521, 527. 528 

Swamscott river, ferry 99. 123 

Swearing on the Bible, 2, or lifting ui) 
the hand, 2; order concerning, 
5,6, 

Sweat or Sweett, Jimes 584 

Joseph, 6, 60, 64, 98, 111, 122, 130, 
231, 408, 424, 429. 
Sword, order to wear 732 



Tailer, Col 4.53, 030 

Kiver 429 

Tar 115,120 

Taverns, number 020 

Tavlor or Tailor, Ben 41i7 

■ JMr., 90; Cul 031 



Taylor's river 409, 429, 4.32 

Thomas, Roger 022 

Thonii>son, or Tomson, John 0.39 

Robert 348, 366, 423. 607 

Samuel 319, 423, .550, .574, 600, 6 7 

Timber, value of, 288; wastes SCO 



852 



INDEX. 



Tibbets or Tippetts. Lt.. 421 ; Thomas, 

426; Capt.. 536, 567, 840. 

Saml, 6(0, 604. 6-21, 622, 623, 625, 

ii:>*S, 645, 648, 653, 658, 680, 704, 

734.753,772,781,785.801. 

Tlistnkstriviiig, Public, 56, 89, 266, 332, 

438, 600. 
Thing, Jonathan, Capt., C; Thwiiig-- 17 

Lt 422,537,840 

Sainl, 241, 246, 249, 206, 270, 580, 
583, 585. 588, 600. 
Titton, Daniel, 13, 33, 240, 390, 408, 429, 
462; Mr., 732, 793. 

Daviil 409,429 

■ Jethi-o 409, 429 

Joseph 409,429 

Sainl 409 

Title to waste lands 272 

Toogoixl, Edward 133,521, 527 

Town bounds, 26, 52. 138, 14t, 143, 144, 
152, 158, 281, 343, 512, 655, 760. 



Town ofScers sworn 654 

House 463 

Towiisend, Penn 546, 693 

Tread well. Thomas 164 

Treaty with Indians 693-701 

Trees" for tar, 115;- for his jMajestv's 

Kavv, 149; M;ists, &c., 334, 366, 

669, '718, 759, 779. 

Trickey, John 551 

Thomas 550 

Zachary, 297 ; farm 322 

Troop or troopers 346,396,712 

True, 3G3 

Tuck, John. 42, 157. 231, 680, 685; Mr., 

703, 707, 710, 711, 712. 

Tucker, Sir , 9 ; Fran 1 9, 142 

Tuttle, John, Lieut., 6, 17; Capt., 60, 

64,77,90,91,92. 9.3, 94, 111, 131, 

258, 284, 311, 346, 470, 840. 
Tythingmen 622 



u 



UShEr, Johx, Lt. Gov, complains, 46, 
4S, 77. 84, 85. 104, 265; .si,eiTl], 
269; 277, 291. 294.298,325: njemo- 
rial of, 332; 336; speech, 385, 386, 



391, 443, 448. 478, 484, 488; cnm- 
nussion, 593; speech, 593, 508: 
603, 604, 707. 



Valentine, Mr 7."0 

Vaudreville 699 

Vaigiian, George, 341, 342, 353; 
agent. 354, "57, .371, 375. 381, 382, 
.■JS3, 384. 399, 424, 469. 533, 537, 
567. 599; Lt. Gov., 601, C()2; ccm- 
niission, 603, 620, 632, 634, 640, 
(;!4, 64(!, 650, 652, 692, 702, 703, 
704, 707, 7.37, 840. 
W.M., of the Council, 2, 7, 11, 12, 
li, passim. 18,28, 30, 32, 39, 40, 
5!>, 51, 52, 53, 57, 62. 69, 70, 81, 84, 
91, 108, 119, 122, 124, 132, 138, 143, 



145, 146, 157; agent to Englan<l, 
158, 159, 160, 161, 206, 248, 249, 
253, 265, 206, 209, 298; oath, ,'!15, 
336, 3J2, 3.57, 359. 381, 390, 392, 
407, 410, 426, 4.33, 470, 532, 546, 
633. 638, 640, 758, 761, 789. . 

M;Uor 707, 722 

Vernon. Ja 81, 130 

Vesey, (Jeorge 406 

Thorn 406 

Vetch, Cul o78, 399, 453 

Volunteers 271, 485, 491 



w 



■Wftdaoanaquin — Indian 545 

'A-;..dlt'iu'Ii, -lonalhan 105, 127,619,747 

AVair. ])aniel 104 

Wait, Mr .732 

"Waldon, Thomas 557, 558 

Walouon, KicharT), of tlie Council, 
1. 3, .5, 7, 11, 14, passim, 18, 28, ,30, 
."9, 40, 48. 50, 51, 57. 62, 69, 70, 72, 
77, 81. 83. 84. 91, 109. Ill, 117, 119, 
122, 134, 275, 316, 342, 392, 399, 
422, 434; oath, 4.38, 444, 489, ,5.3.3, 
540, 541, 562, ,563, 588, 598, 6o,5, 
613, 6.'5, 628, 642. 660, 664, 693, 
707, 717, 778, 782,791, 840. 

Ricliard, jun 641, 660,682 

"Wiilford, Jereni 90 

AValker, Ezekiel 799 

George, 421, 638, 041. 642, 658, 003, 
673.691, 708.717, 795. 

Jno 91, 297,307, 322, 421, 840 

. Sir Hovenden 493 



TValtox. George 360, rm. 091, 708 

SiiAPRAfii, 13; Cnpt.. 17, 20,32, 
33, 42; of the Council, passim, 
98, 2.33. 311, 340, 303, .366, 401. 402, 
414, 425, 431, 440, 441, 450, 4.53, 
467, 468, 501, 526, 527, .5.37, 545, 
553, 566, 584, 598, 600, 603, 004, 
605, 036, 641, 643, 648, 693, 736, 
743. 775, 789, 811, 840. 

Wallas. George 91 

Wni 240, 270, 650, 801 

Wampum 099 

Wanudagumboit— Indian 693 

War declared 2.38 

Warenfole. .lohti ,550 

Warrueensitt — Indian 545 

Watson, Nalhl 407 

Waste lands, 272. 275; note 707 

Waymouth, Samuel 427 

Wm 13 



INDEX. 



853 



Weark or AVlwu, Nathl, of the 
Council, 4. 5, 11, IT, 18, ;;a.<.s(H? ; 
Cupt., 20, 22, 26, 5-', 54, 137, 229, 
2ii3, 302, 321,401,408; Jan., 429, 
473. 514. 546, 555. 628. 
Peter, 409. 429, 579, 58,'5. .588, fiOO, 
paasim, G19, 626, 629, 648. 6.'i3,05k, 
667, 680, 690, 693, 702, 703-712, 732- 
75.'}, 755, 772, 781. 

Robt 761,777 

"Webster. Tlio 421 

"Weeks or Weaks, .Joshua 423. 621, 827 

Saral, Capt., 536, 537, 502, .574, 623, 827 

"Weiitworth, Lt. Benj 712. 837, 8,38 

Ebeiir 800, 805, 823 

Ezekiel 390, 462, 514 

Joiix, Capt., 441, .533, .541, 546, 549, 
.571. 613, 614, 648, 686, 712; I.,t. 
Gov.. 721, jjassim, 735, 788, 810. 

Sauuiel 689. 690 

AYest, Kdward 425, 835 

"W^ESTiiHDOKi:, Thomas, 28S, 422, .537, 

574; of the Council, 658, 652, 672, 673 

"U'harton. Kiclianl 698 

Wheehvri^'lit, John, .546; Col .(deed). .770 

AVhilam, Win .550 

"Whidden. Sanil 133 

AVliite . William 684, 821 

Whitehall 412, 510 

Whiting, Col 4.53 

Wluttemore, Commissary. ... 323 

Whitehorn. Riohard . . . ." 792 

Wiggins or Wigiiin. Andrew, 123; jr., 
146, 406, 580. 627. 6,58, 680, 687, 
703, 704, 753, 772, 781, 784. 

Ann. widow 406 

Jonathan 406 807, 814 



fS'iggins or Wiggin, Symou. . . .48, 406, .580 

Tho 407 

AVilkins, Edward 4'J9 

Willard, Josiah, 545; Sec 749 

AVilson. Thomas 423, 840 

Wille,Tho 607 

William.s. Henrr 717 

Jolni..iun. ,'. 427, 714 

Samuel 714 

Wm., Ki.vrt, Letter from, 130; address 
to, 576, 577. 

Wiucal, Capt 469. .528 

Deborah 567 

Wincklev, Franci.s 737 

Samuel 105, 420 

Wind.al, Jacob 731 

Wingelt or Wingat 1I'> 

John. Capt.. 46)8, .536, 598. 605 

Joshua 579, 592, 619, 641, 738, 840 

Winnipistioky 805 

Winter Harbour 701 

Wiwurna— Indian 693, 699 

Wolves, bounty for killing 644 

Woodbridge'.s tavern 769 

Woodman. Capt. John, 2, 3, 6, 13, 17, 
24. 28, 33, 39, 40, 64, 111, 231, 247, 
270, .321. 

Wormwood. William 714 

Jonathan 427, 607 

Wright or Right, Kathl 407 

Tho 407 

WYiiiKi), WiiiiKD or Wiukrt, Rich- 
ard, 422. ijan-nm. 5.58. 600, 602, 
017. 619. 625, 634, 642, 648, 6.57 : of 
the Council. 6.58, 702, 736, 747, 775, 
783. 789. .«:06. 840. 



Yeaton, Richd 802 1 York, John. 



Kiap 



